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SDR2005-00009 SDR2005 - 00009 MAJOR MOD TO WA. SQ . MALL EXPANSION CONDITIONS • NOTICE OF TYPE II DECISION SITE DEVELOPMENT REVIEW(SDR) 2005-00009 III 11 MAJOR MODIFICATION TO p CONDITIONS OF APPROVAL FOR WASHINGTON SQUARE MALL EXPANSION TIGARD 120 DAYS = 5/25/2006 SECTION I. APPLICATION SUMMARY FILE NAME: MAJOR MOD TO WA. SQ.MALL EXPANSION CONDITIONS CASE NO.: Site Development Review(SDR) SDR2005-00009 PROPOSAL: The applicant is requesting Site Development Review for a major modification to the conditions of ap rova7 for SDR2003-00012. In this decision, which became effective January 10, 2004 the City approved a 114,760 square foot expansion of retail space to the Washington Square Mall, as well as a 197,930 square foot 2-level parking garage west of the proposed expansion, and a 161,490 square foot 4-level parking garage to the south of the expansion. The applicant specifically requests deletion of that portion of Condition 4C relating to the dedication of frontage along Greenburg Road (Access Roads 6 and 7, Square Too). Deletion of this dedication requirement is requested to make the proposed improvements proportional to the unmitigated impacts of the expansion. APPLICANT: Macerich Company APPLICANT'S Greg Hathaway do Rick Beason REP.: Davis Wright Tremaine LIP 401 Wilshire Blvd#700 1500 SW Fifth Avenue,Suite 2300 Santa Monica,CA 90401 Portland,OR 97204 OWNER PPR Washington Square LLC do Chuck Davis 401 Wilshire Boulevard,#700 Santa Monica,CA 90401 LOCATION: 10108 SW Washington Square Road @ SW Greenburg Road;WCTM 1S135BA,Tax Lot 00102. ZONE: MUG Mixed-Use Commercial District. The MUC zoning district includes land around the Washington Square Mall and land immediately west of F ighway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 unites per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.630, 18.705. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section VI. NOTICE OF TYPE II DECISION SDR2005-00009/WASHINGTON SQUARE EXPANSION PAGE 1 OF 6 SECTION III. BACKGROUND INFORMATION Site History. The Mall was originally constructed in unincorporated Washington Countyprior to the area being annexed to the City. Since 1987, a variety of land use activities have been approved including a modification, minor land partition, expansions, and construction of a monopole. In September 1999, the Washington Square Regional Center Plan was adopted which changed the zoning on the site from C-G (General Commercial)MUC (Mixed-Use Commercial), imposed design guidelines, and created policies for providing capital to support the regional center. Vicinity Information: The subject site is located within the Washington Square Mall area, between Highway 217, SW Hall Boulevard, and SW Greenburg Road in the Washington Square Regional Center area. The site is bordered on the north and west by the City of Beaverton, on the south by Mixed Use Commercial (MUC) zoned properties, and to the east lies the Crescent Grove Cemetery(zoned R-4.5) and other properties with Mixed Use Employment-1 (MUE-1) zoning. Site Information and Proposal Description: The applicant is requesting Site Development Review for a major modification to the conditions of approval for SDR2003-00012. In this decision,which became effective major 10,2004,the City approved a 114 760 square foot expansion of retail space to the Washington Square Mall, as well as a 197,930 square foot 2-level parking garage west of the proposed expansion, and a 161,490 square foot 4-level parking garage to the south of the expansion. The applicant specifically requests deletion of that portion of Condition 4C relating to the dedication of frontage along Greenburg Road (Access Roads 6 and 7, Square Too). The applicant asserts that deletion of this dedication requirement will make the proposed improvements proportional to the unmitigated impacts of the expansion. Condition 4C reads: Prior to issuance of building permits for either phase (parking structure, shell retail building), the applicant shall dedicate right-of-way, as necessary along the frontages of SW Hall Boulevard and SW Greenburg Road to make the total right-of-way width 52 feet from centerline. The applicant may alternatively enter into an agreement with the city to provide the right of way prior to final building inspection. The applicant opted to enter into an agreement with the city(February 3 2004 letter to Morgan Tracy, City planner,from Gregory Hathaway,Davis Wright Tremaine Attorney for the applicant) assuring that it would meet the condition pending an appraisal (Integra Realty Resources, February 11, 2005) demonstrating that the requested dedication was disproportionate. The applicant and the City held a pre-application conference on September 15,2005.At this meeting,which included the Qty Attorney, it was determined that the applicant should submit a minor modification application to request that Condition 4C be deleted. Pusuant to this determination, the subject application was submitted. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET No letters or comments were received from nearby property owners. NOTICE OF TYPE II DECISION SDR2005-00009/WASHINGTON SQUARE EXPANSION PAGE 2 OF 6 1 , SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA The proposal's consistency with these Code Chapters is reviewed in the following sections: A. Zoning Districts (18.5000 18.520.020 (Commercial Zoning Districts) B. Applicable Development Code Standards 18'.630 (Washington Square Regional Center Design Standards) C. Specific Site Development Review proval Standards (18.360) D. Street and Utility Improvement(1810) E. Impact Study(18.390) SECTION VI. APPLICABLE DEVELOPMENT CODE STANDARDS A. ZONIING DISTRICTS Commercial Zoning District: Section 18.520.020 Lists the description of the Commercial Zoning Districts. The present use of the site includes retail and restaurant uses which are permitted in the zoning district. B. APPLICABLE DEVELOPMENT CODE STANDARDS Washington Square Regional Center Design Standards (18.630) Design standards for public street improvements and for new development and renovation projects have-been prepared for the Washington Square Regional Center. These design standards address several important guiding principals adopted for the Washington Square Regional Center, including creating a high-quality mixed use area, providing a convenient pedestrian and bikeway system, and utilizing streetscape to create a high quality image for the area. All new developments, including remodeling and renovation projects resulting in new non single family residential uses are expected to contribute to the character and quality of the area. In addition to meeting the design standards and other development standards required by the Development and Building Codes, developments will be required to dedicate and improve public streets,connect to public facilities such as sanitary sewer,water and storm drainage,and participate in funding future transportation and public improvement projects necessary within the Washington Square Regional Center. The Was on Square Regional Center Design Standards have been applied through the review and approval of Washington Square Expansion proposal (SDR2003-00012).Pursuant to these standards, the Expansion was conditioned to dedicate and improve streets.However,the applicant has requested deletion of the Greenburg Road right-of-way dedication requirement of Condition 4c citing that the dedication is not roughly proportional.A revised proportionality analysis is found below. C. SPECIFIC SITE DEVELOPMENT REVIEW APPROVAL STANDARDS Section 18.360.090(A)(2) through 18.360.090(A)(15) provides additional Site Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These additional standards are addressed immediately below with the following exceptions: None of the Specific Site Development Review Approval Standards are applicable to the applicant's request to delete the right-of-way dedication requirement of condition of approval 4C NOTICE OF TYPE II DECISION SDR2005-00009/WASHINGTON SQUARE EXPANSION PAGE 3 OF 6 r D. STREET AND UTILITY IMPROVEMENTS STANDARDS Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers,and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width lanned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Section 18.630.100 references the street and accessway standards from the Recommended Roadway Functional Classification Map and Street Cross Sections in the Washington Square Regional Center Plan. These recommendations shall govern the improvement and construction of major streets within the Washington Square Regional Center. Greenburg Road SW Greenburg is designated in the City's Transportation System Plan as a 4/5 lane arterial with bike lanes and 10-foot-wide sidewalks. The road is maintained by Washington County.. The ROW requirement for Greenburg Road is 104 feet or 52 feet from centerline. Right-of-way vanes in this segment between Highway 217 and Hall Boulevard from 30 to 65 feet from centerline. The roadway has been improved and there is an existing sidewalk along the project's frontage. Because the current right-of-way width does not meet this standard in certain segments, the applicant's approval was conditioned to dedicate additional right-of-way as necessary to meet this standard. Physical rovement of this ' ht-of-way is not timely due to the fact that the applicant is not proposing any changes wain or near the affected roadway area and such improvements should occur as part of a larger road improvement project to ensure an orderly transition between roadway segments. There is approximately 8,700 square feet of right-of-way required. The applicant has requested that this dedication not be required because,they contend,it is not roughly proportional to the impacts created by the mall expansion. E. IMPACT STUDY Section 18.360.090 states, "The Director shall make a finding with respect to each of the following criteria when approving,approving with conditions or denying an application:" Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. Section 18.390.040 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The applicant provided an impact study addressing the project's impacts on public systems. The Washington County Traffic Impact Fee (TIF) is a mitigation measure that is required at the time of development. Based on a transportation impact study prepared by Mr. David Larson for the A Boy Expansion/Dolan II/Resolution 95-61 TIF's are expected to recapture 32 percent of the traffic impact of new development on the Collector and Arterial Street system. Based on the estimate that total TTF fees cover 32 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is the T1F divided by 0.32. The difference between the TIF paid,and the full impact,is considered the unmitigated impact on the street system. NOTICE OF TYPE II DEQSION SDR2005-00009/WASHINGTON SQUARE EXPANSION PAGE 4 OF 6 � • While the applicant will be required to pay TIFs only for the square footage of the retail shell building, subsequent tenants have the ability to improve the second floor for retail or storage space, and the assessment of irryact should examine the total square footage and resulting TIF. The TIF is based on first determining the land use type. In this case, the total gross square footage is used to find that "Shopping Center between 1,000,000 and 1,200,000 square feet" is the right land use type, generating 32.82 weekday average trips per thousand gross leasable square feet. The Washington Square expansion added 141,720 leasable square feet. The trip charge for commercial uses is $64 per trip. Based on these figures (32.82 X 141.72 X$64 ,the TIF would be approximately$297,680. A fee that would cover 100% of the unmitigated impact would be $930,250 (297,680-0.32). The unmitigated impact of this project on the transportation system is therefore, $632,570 ($930,250 - $297,680). For purposes of evaluating the proportionality of the required exactions, the city used an estimated value. The final value of these exactions differed based on a fair market appraisal provided by the applicant and discussed below. The following lists the off-site exactions the City imposed on the applicant under the SDR2003-00012 decision and their estimated value: Right-of-way dedications to Hall: 1,748 s.f.@ $15.00 s.f. $ 26,220 Right-of-way dedications to Greenburg: 8,700 s.f.@ $15.00 s.f $ 130,500 Right-of-way dedications to Scholls Ferry: none $ 0 Signal timing evaluation and correction: lump sum $ 50,000 Sidewalks on Scholls Ferry 1,4251.f.for a 10'wide sidewalk @ $3.75 s.f. $ 53,438 Bike Lane Striping $ 6,343 Transit Center Improvements $ 74,000 TOTAL: $ 340,501 As part of the subject application, the applicant submitted a spread sheet entitled Washington Square Ex ansion. The spread sheet compares the estimated costs in the Staff Report for SDR2003-00012 with the actual costs of dedications and improvements determined in the appraisals for Washington Square and Washington Square Two (Integra Realty Resources, February 11, 2005). The spread sheet includes the appraised values for improvements and dedications and sets the total value of actual improvement and dedication costs for the project at $974,989. This total includes the value of dedicated lands for Flail and Greenburg Roads, the value of improvements within those dedicated lands, the value of required improvements associated with transportation impacts of the Mall expansion, and the cost of the appraisal and associated fees. According to the information submitted by the applicant, the actual costs of the exactions exceed the unmitigated 11F ($632,570) by$342,419. The appraisal sets the fair market value of the required Greenburg Road dedication between Access Roads No.6 and 7 at$344,231: Land: $128,596.00 Improvements: 215,635.00 Fair Market Value $344,231.00 The applicant has provided evidence that supports their argument that the real property dedication is not roughly proportional to the projected impacts of the development.If the City foregoes the $344,231 amount for the Greenburg Road dedications, as discussed above and requested by tae applicant, the balance would be roughly proportional. Therefore, the City shall delete the dedication requirement of Condition of Approval 4C(SDR2003-00012),consistent with this standard. SECTION VII. OTHER STAFF COMMENTS No other staff comments have been received. SECTION VIII. AGENCY COMMENTS City of Beaverton reviewed the proposal and had no objections to it. NOTICE OF TYPE 11 DECISION SDR2005-00009/WASHINGTON SQUARE EXPANSION PAGE 5 OF 6 SECTION IX. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON MARCH 21,2006 AND BECOMES EFFECTIVE ON APRIL 5,2006 UNLESS AN APPEAL IS FILED. The eal cision of the Director (Type II Procedure) or Review Authority (Type II Administrative Appeal or Type III Procedure) is final for purposes of appeal on the date that it is mailed. Anyparty with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of Tigard Co the and Community Development de which provides that a written appeal together with the required fee sl be filed with the Director within ten (10)business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall B oulevard,Tigard,Oregon 97223. Unless the applicant is the appellant,the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing,subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON APRIL 4,2006. stions: I you h ve any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon at(503) 639-4171. March 21,2006 PREPARED B : aryPagenstecher DATE Associate Planner i - March 21,2006 APPROVED BY: Richard H.Bew.rs•r.rff DATE Planning Manage i\curpin\gary\sdr\sdr2005-00009(washington square exp)\sdr2005.00009 decision.doc NOTICE OF TYPE II DECISION SDR2005-00009/WASHINGTON SQUARE EXPANSION PAGE 6 OF 6 • CITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM L— VICINITY MAP I W s a- SDR2005-00009 0 z. B� WASHINGTON SQUARE MAIM MALL EXPANSION C LEHMAI N . _r- 1 7 _ CORAL . \�\\\ \` / , , r p„,-„gi.ii.,_________ •._ ,.,, , ,,.. LOCUST .,` 1. 6 i .•ris r... iEILF90 RO • 41, ,'-Imprif AIOSIII Tigard Area Map MA I N v� GO n v D 0 200 400 600 Feet n > 1'=410 feet I'll C ity al ao Tigard ill I / Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd ` \ // Tigard,OR 97223 (503)639-4171 httpJlwww.ci.tigard.or.us Community Development Plot date: Feb 1, 2006;C:lmagic\MAGIC03.APR • r Mks- PORTLAND J System:NN MNP—PDX—J2PC8?1 I Dee.: SCRUMS /1 O i A C ! Y ACCESS ROAD NO. 6 (ACCESS DRIVEWAY) /� oo Ihh _ z ■ & o i P �' R $ RETAIL --r- OFFSET:STA: 105+80.77 •k ,;� 5 6 i BUILDING OFFSET. 52.00 R - ��•' /06�00� x RETAIL �.i• C)5TA: 106+00 Z & Ix I J BUILDING ,•;' � OFFSET: 42.00 R I. 1 V. ' 1---—*1- ;40 4' S � STA: 107+T43.35 PC ,••(' 7' O C 1.. OFFSET: 52.00 R :•�` '1 •• /ter/ •�• /O.'+l Sa c 4i J;j zi . ° 0 ~ t r- ti / rjr fi el /p8 STA: 107+43.35 PC 4 �� / 2+ / �� ? 00 OFFSET: 42.00 R --- Z ri I STA: 109+11.35 PT / ��1 5z' �I J �C l OFFSET: 52.00 R ° / S TA: 109+1 1.35 PT i..� /STA: 109+49.59 PC ;1�•' OFFSET: 42.00 R _ °z Q 0 n / OFFSET: 52.00 R i N = -iiir i•� //'3S w° ) . —1 — D c 4� 9 P "� 4 -' n 1 STA: 110+91.17 POC �,•, //O 3) n 0 Z d p 7n ; _n"m m c O O to 0 STA: 110+80 PoC D CO ) a if 41 „ OFFSET: 42.00 R •'''" ~O m c 6p p OP _i� 00_ • �m N 90 1 -. Cf 00 � g //z Y - i_ '__._.. Imo. 1 ■' a . f NOTICE OF TYPE II DECISION SITE DEVELOPMENT REVIEW(SDR) 2005-00009 MAJOR MODIFICATION TO 's CONDITIONS OF APPROVAL FOR WASHINGTON SQUARE MALL EXPANSION TIGARD 120 DAYS = 5/25/2006 SECTION I. APPLICATION SUMMARY FILE NAME: MAJOR MODIFICATION TO WA. SQ.MALL EXPANSION CONDITIONS CASE NO.: Site Development Review(SDR) SDR2005-00009 PROPOSAL: The applicant is requesting Site Development Review for a major modification to the conditions of approval for SDR2003-00012. 5In this decision, which became effective January 10, 2004, the City approved a 114,760 square foot expansion of retail space to the Washington Square Mall, as well as a 197,930 square foot 2-level parking garage west of the proposed expansion, and a 161,490 square foot 4-level parking garage to the south of the expansion. The applicant specifically requests deletion of that portion of Condition 4C relating to the dedication of frontage along Greenburg Road (Access Roads 6 and 7 Square Too). Deletion of this dedication requirement is requested to make the proposed improvements proportional to the unmitigated impacts of the expansion. APPLICANT: Macerich Company APPLICANT'S Greg Hathawa do Rick Beason REP.: Davis Wright Tremaine LLP 401 Wilshire Blvd#700 1500 SW Fifth Avenue, Suite 2300 Santa Monica, CA 90401 Portland,OR 97204 OWNER: PPR Washington Square LLC do Chuck Davis 401 Wilshire Boulevard,#700 Santa Monica,CA 90401 LOCATION: 10108 SW Washington Square Road @ SW Greenburg Road; WCTM 1S135BA, Tax Lot 00102. ZONE: MUC: Mixed-Use Commercial District. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail and service uses. Also permitted are mixed-use developments and housing at densities of'50 unites per acre. Larger buildings are encouraged in this area with parking under,behind or to the sides of buildings. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.630, 18.705. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (25 )per page,or the current rate charged for copies at the time of the request. SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: Notice mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON MARCH 21, 2006'AND BECOMES EFFECTIVE ON APRIL 5, 2006 UNLESS AN APPEAL IS FILED. Appeal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon 97223. Unless the applicant is the appellant,the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues,properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing,subject to any additional rules of procedure that maybe adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON APRIL 4, 2006. Questions: For further information please contact the Plannin Division Staff Planner, Gary Pagenstecher at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon 97223. 7 1--- L I J IN L_ r-- inemnir MAP SDR2005-00009 0 ASHINGTON SQUARE MALL EXPANSION x1�MRr 1111■: —� k \ \ , , 1 11■11■'I ..,.. 11 I ill .a.lbl \\ ( 1 1 1 ill PC ''' 0.1/ILIPAil, _ horprimp _ 11111P A t M /111 \--1 i ....=-..==== L. __ a ,,,...,,.. 111111:x; --- -- -- - - un 1a�2 "'ii'.� 0 ACCESS ROAD NO. B (ACCESS DRIVEWAY) To 11111111 r • .. RETaL su• IDS+eO) ,'RETAIL I °rrS[r: s7.o0 44. 0.4�C „'t";.Ipl I 1 RETAIL nFA 106♦ 1111��II IRi Ilt I I r BUILDING - scr . °oo R 1.�__I "" L Iw STA: 10744135 PC�' OFFS x``1.00 R Z� /`Jr�I D+ `� i"".3 as 3 1 1114i 8 sm I i G�yll ser.• .1. R 19 G, h I OFFsrr: 010 R/R-� It pppp i yq C { S�� Q ,'/ A SEl.0.59 PC 1 Phi r,theRPr \ :`• . 000,air 1 ;i �2� nl� rA: I1,+9L17 .r� . :;� � � y�� - mn82 _NC lcbeSS,q,, •j�'l: 5100 .rA T9.200R� i la Om9 AV 421°4t! / r 10. zv, I °' t • y V r 9 "��7X1/.. I I 1 r NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. NOTICE OF PENDING LAND USE APPLICATION 411 SITE DEVELOPMENT REVIEW CITY OF TIGARD Community Development Shaping A Better Community DATE OF NOTICE: February 1, 2006 FILE NUMBER: SITE DEVELOPMENT REVIEW (SDR) 2005-00009 Type II Land Use Application FILE NAME: WASHINGTON SQUARE MALL EXPANSION PROPOSAL: The applicant is requesting Site Development Review for a major modification to the conditions of approval for SDR2003-00012. In this decision, which became effective January 10, 2004, the City approved a114,760 square foot expansion of retail space to the Washington Square Mall, as well as a 197,930 square foot 2-level parking garage west of the proposed expansion, and a 161,490 square foot 4-level parking garage to the south of the expansion. The applicant specifically requests deletion of that portion of Condition 4C relating to the dedication of frontage along Greenburg Road (Access Roads 6 and 7, Square Too). Deletion of this dedication requirement is requested to make the proposed improvements proportional to the unmitigated impacts of the expansion. ZONE: MUC: Mixed Use Commercial District. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 unites per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.630 and 18.705. LOCATION: 10108 SW Washington Square Road @ SW Greenburg Road; WCTM 1S135BA, Tax Lot 00102. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereb provided a fourteen 14 da •eriod to submit written comments on the application to the City. EbroFP-WElifftetTRMA- ;5,. OQ6 All comments should be directed to Gary Pagenstecher, Associate Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at (503) 639-4171 or by e-mail to garyp(c�tigard-or.qov. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR MARCH 23, 2006. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: • Address the specific "AppiI.,able Review Criteria" described in t.-i_ ..ection above or any other criteria believed to be applicable to this proposal; • Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; • Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: • The application is accepted by the City • Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. • The application is reviewed by City Staff and affected agencies. • City Staff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. If you want to inspect the file, please call and make an appointment with either the project planner or the planning technicians. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." H JVICINITY NAP WASHINGTON SQUARE o iY`i 1�1� m ALL EXPANSION .1111E a, 7\: 11111 rl ji■ ■ \\‘`, 111al 11161111 REQUEST FOR COMMENTS REQUEST FOR COMMEN IS Community(Development Shaping Better Community DATE: February 1,2006 bFe TO: City of Beaverton Planning Manager COA, ."441), 1 X006 FROM: City of Tigard Planning Division FCP�� pT STAFF CONTACT: Gary Pagenstecher,Associate Planner[x24341 Phone: [503)639-4171/ Fax: (503)684-7297 Email: garyp©tigard-or.gov SITE DEVELOPMENT REVIEW MDR)2005-00009 WASHINGTON SQUARE MALL EXPANSION REQUEST: The applicant is requesting Site Development Review for a major modification to the conditions of approval for SDR2003-00012. In this decision, wnich became effective January 10, 2004, the City approved al14,760 square foot expansion of retail space to the Washington Square Mall, as well as a 197,930 square foot 2-level parking garage west of the proposed expansion, and a 161,490 square foot 4-level parking garage to the south of the expansion. The applicant specifically requests deletion of that portion of Condition 4C relating to the dedication of frontage along Greenburg Road (Access Roads 6 and 7, Square Too). Deletion of this dedication requirement is requested to make the proposed improvements proportional to the unmitigated impacts of the expansion. LOCATION: 10108 SW Washington Square Road @ SW Greenburg Road; WCTM 1 S135BA, Tax Lot 00102. ZONE: MUC: Mixed Use Commercial District. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 unites per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.630 and 18.705. Attached is the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: FEBRUARY 14, 2006. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below: Name & Number of Person Commenting: �� 1:3 5�� _z�z� , REQUEST FOR COMMEN i S CITY OF HOARD Community Q eve(opment Shaping (Better Community DATE: February 1,2006 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Gary Pagenstecher,Associate Planner(x24341 Phone: (503)639-4171/ Fax: (503)684-1297 Email: garyp @tigard-or.gou SITE DEVELOPMENT REVIEW MDR]2005-00009 WASHINGTON SQUARE MALL EXPANSION: REQUEST: The applicant is requesting Site Development Review for a major modification to the conditions of approval for SDR2003-00012. In this decision, which became effective January 10, 2004, the City approved a114,760 square foot expansion of retail space to the Washington Square Mall, as well as a 197,930 square foot 2-level parking garage west of the proposed expansion, and a 161 ,490 square foot 4-level parking garage to the south of the expansion. The applicant specifically requests deletion of that portion of Condition 4C relating to the dedication of frontage along Greenburg Road (Access Roads 6 and 7, Square Too). Deletion of this dedication requirement is requested to make the proposed improvements proportional to the unmitigated impacts of the expansion. LOCATION: 10108 SW Washington Square Road @ SW Greenburg Road; WCTM 1S135BA, Tax Lot 00102. ZONE: MUC: Mixed Use Commercial District. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 unites per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.630 and 18.705. Attached is the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: FEBRUARY 14, 2006. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below: Name & Number of Person Commenting: . . , CITY OF TIGARD REQUEST FOR COMMENTS ::, NOTIFI( JN LIST FOR LAND USE & COMMUNITY ,'ELOPMENT APPLICATIONS FILE NOS.: 5200 0 5j-00oo 1 FILE NAME:GJAVIPU54,3 st,(,I1,iRe Eym`!/1It "Di u CITIZEN INVOLVEMENT TEAMS "T"" 14-DAY PENDING APPLICATION NOTICE TOINTERESTED PARTIES OF AREA: ❑Central pEast ❑South West CITY OFFICES I- _LONG RANGE PLANNING/Barbara Shields,Planning Mgr. _COMMUNITY DVLPMNT.DEPT/Planning-Engineering Techs. _POLICE DEPT./Jim Wolf,Crime Prevention Officer _BUILDING DIVISION/Gary Lampella,Building Official deENGINEERING DEPT./Kim McMillan,Dvlpmnt.Review Engineer_PUBLIC WORKS/Matt Stine,Urban Forester _CITY ADMINISTRATION'Cathy Wheatley,City Recorder _PUBLIC WORKS/Rob Murchison,Project Engineer PLANNER–POST PROJECT SITE IF A PUBLIC HEARING ITEM-10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARING! SPECIAL DISTRICTS _ TUAL.HILLS PARK&REC.DIST.• .•UALATIN VALLEY FIRE&RESCUE s TUALATIN VALLEY WATER DISTRICT 4. ;LEANWATER SERVICES. Planning Manager Fire Marshall Administrative Office _ee Walker/SWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Avenue Beaverton,OR 97006 (place in pick-up box) Beaverton.OR 97075 Hillsboro,OR 97124 LOCAL AND STATE JURISDICTIONS 3 CITY OF BEAVERTON * _ CITY OF TUALATIN * _OR.DEPT.OF FISH&WILDLIFE _OR. DIV.OF STATE LANDS ([ Planning Manager Planning Manager 3406 Cherry Avenue NE Melinda Wood(WLUN Form Required) _ Steven Sparks,Dev Svcs.Manager 18880 SW Martinazzi Avenue Salem,OR 97303 775 Summer Street NE,Suite 100 PO Box 4755 Tualatin,OR 97062 Salem,OR 97301-1279 Beaverton.OR 97076 _ OR.PUB. UTILITIES COMM. METRO-LAND USE&PLANNING * _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE CITY OF DURHAM * 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland,OR 97232-2736 Portland,OR 97232 PO Box 23483 _ Bob Knight,Data Resource Center(ZCA) _ 8.US ARMY CORPS.OF ENG. Durham,OR 97281-3483 _ Paulette Allen,Growth Management Coordinator _OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris(Maps CWS Letter Only) Mel Huie,Greenspaces Coordinator(CPAiZOA) Larry French(Comp Plan Amendments Only) Routing CENWP-OP-G _CITY OF KING CITY * _ Jennifer Budhabhatti,Regional Planner(Wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager _ C.D. Manager,Growth Management Services Salem,OR 97301-2540 Portland.OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY OR.DEPT.OF ENERGY ipowenmes in Area) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,Planning 155 N. First Avenue _CITY OF LAKE OSWEGO * Routing TTRC–Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Portland.OR 97208-3621 iSteve Conway(General Apps) Lake Oswego,OR 97034 _Gregg Leion(CPA) _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * _Brent Curtis(CPA) _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) ✓Grant Robinson,Development Review Coordinator _Dona Mateja(ZCA)MS 14 Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section(vacations) _Sr.Cartographer,CPAZCA,Msla 1900 SW 4th Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims, surveyor;zco)MS IS Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _WA.CO.CONSOL.COMM.AGNCY _ODOT, REGION 1 -DISTRICT 2A• _ODOT,RAIL DIVISION _STATE HISTORIC Dave Austin(weccA)"911"(monopole rowers' Sam Hunaidi,Assistant Distract Manager (Notify if ODOT RJR-Hwy.Crossing is Only Access to Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,Sr Crossing Safety Specialist (Notify If Property Has HD Overlay) Beaverton,OR 97007-0375 Portland,OR 97221 555-13th Street,NE,Suite 3 1115 Commercial Street, NE Salem,OR 97301-4179 Salem,OR 97301-1012 UTILITY PROVIDERS AND SPECIAL AGENCIES _PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE RIR,OREGON ELECTRIC RJR(Burlington Northern/Santa Fe R/R Predecessor) Robert I. Melbo, President&General Manager 110 W. 10th Avenue Albany,OR 97321 —SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS —COMCAST CABLE CORP. _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations Only) Randy Bice See Map for,.Conrad, it Protect is Within Z Mile of a Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 _PORTLAND GENERAL ELECTRIC _NW NATURAL GAS COMPANY _VERIZON — QWEST COMMUNICATIONS Ken Gutierrez, Svc.Design Consultant Scott Palmer, Engineering Coord. David Bryant, Engineering Florence Mott. Eng. ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue OR 030533/PO Box 1100 8021 SW Capitol Hill Rd, Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland.OR 97219 _TIGARD/TUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 _COMCAST CABLE CORP. _COMCAST CABLE COMMUNIC. Marsha Butler,Administrative Offices Jan Youngquist,Demographics Alex Silantiev,See Map for Area Contact, Diana Carpenter,AppsE ofnau.N of 99wr 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg. 12 10831 SW Cascade Avenue Tigard.OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard.OR 97223-4203 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500' OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS (Project Planner Is Responsible For Indicating Parties To Notify). h\pattyhmasters\Request For Comments Notification List.doc (UPDATED 16-Aug-05) (Also update.i.\curpin)setup\labels/annexation_utilities and franchises doc when updating this document) MAILING RECORDS • AFFIDAVIT OF MAILING CITY OFTIGARD Community Development Shaping Better Community I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialstfor the City of Tigard,Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Below) © NOTICE OF DECISION FOR: SDR200S-00009/MAJOR MOD. TO WASHINGTON SQUARE MALL EXPANSION CONDITIONS ❑ AMENDED NOTICE (File No'Name Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B", and by reference made a part hereof, on March 21,2006,and deposited in the United States Mail on March 21,2006, postage prepaid. oileiar:c ( (Person t epared Notice STAA OF o Ego r ) County ofWashhington )ss. -2 City of Tigard ) VI Subscribed and sworn/affirmed before me on the r day of , 2006. OFFICIAL SEAL SUE ROSS _ > NCTAR'•r PUBUG-OREGON u COMMISSION NO.315152 MY COMMISSION EXPIRES DEC.1�2007 Cj4 NOTARY U IC OF OREGON My Com - ion Expires: I of ` I` D 7 EXHIBITk NOTICE OF TYPE II DECISION SITE DEVELOPMENT REVIEW(SDR) 2005-00009 MAJOR MODIFICATION TO CONDITIONS OF APPROVAL FOR WASHINGTON SQUARE MALL EXPANSION 120 DAYS = 5/25/2006 SECTION I. APPLICATION SUMMARY FILE NAME: MAJOR MODIFICATION TO WA. SQ.MALL EXPANSION CONDITIONS CASE NO.: Site Development Review(SDR) SDR2005-00009 PROPOSAL: The applicant is requesting Site Development Review for a major modification to the conditions of approval for SDR2003-00012. 5In this decision, which became effective January 10, 2004, the City approved a 114,760 square foot expansion of retail space to the Washington Square Mall, as well as a 197,930 square foot 2-level parking garage west of the proposed expansion, and a 161,490 square foot 4-level parking garage to the south of the expansion. The applicant specifically requests deletion of that portion of Condition 4C relating to the dedication of frontage along Greenburg Road (Access Roads 6 and 7 Square Too). Deletion of this dedication requirement is requested to make the proposed improvements proportional to the unmitigated impacts of the expansion. APPLICANT: Macerich Company APPLICANT'S Greg Hathawa c/o Rick Beason REP.: Davis Wright Tremaine LLP 401 Wilshire Blvd#700 1500 SW Fifth Avenue, Suite 2300 Santa Monica, CA 90401 Portland, OR 97204 OWNER: PPR Washington Square LLC c/o Chuck Davis 401 Wilshire Boulevard, #700 Santa Monica, CA 90401 LOCATION: 10108 SW Washington Square Road @ SW Greenburg Road; WCTM 1S135BA, Tax Lot 00102. ZONE: MUG Mixed-Use Commercial District. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 unites per acre. Larger buildings are encouraged in this area with parking under,behind or to the sides of buildings. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.630, 18.705. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (25 per page,or the current rate charged for copies at the time of the request. SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: Notice mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON MARCH 21, 2006 AND BECOMES EFFECTIVE ON APRIL 5, 2006 UNLESS AN APPEAL IS FILED. Appeal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.39O.040.G.2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues.properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing,subject to any additional rules of procedure that maybe adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON APRIL 4, 2006. estions: For er information please contact the Planning Division Staff Planner, GaryPagenstecher at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon 97223. J „I M ` L� � � _ SDR2005-00009 (----- , WASHINGTON SQUARE _ —MALL EXPANSION _ :awe 111111111111 I'll'-1 i _ `„;�;;I li , . , ,..\ Locu6r �,ti N CO y p I,410 PM �. ® , City i fTiprd \ kETv ^ ”.$ +sa.yw... 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I 1 12600.00 00 1S126BC-92111 EXHIBIT BRANAN BROCK H AND PATRICIA W 14225 SW YEARLING WAY BEAVERTON,OR 97008 1512700-00600 S126BC-900 ADS INVESTMENT LTD PARTNERSHIP B T F LD VILLAGE CONDO ATTN:TAX DEPT UNIT ERS PO BOX 2708 PORTLAND,OR 97208 1S126DC-01002 1S126BC-91291 ANAST ANGELINE V BROWN ROSE M 9355 SW LEHMAN 8845 SW BRIGHTFIELD CIR PORTLAND,OR 97223 PORTLAND,OR 97223 1S126BC-91302 1S126CA-01000 ANDERSON MARSHA CAFARO NORTHWEST PARTNERSHIP 5041 BEACH DR SW PO BOX 422 SEATTLE,WA 98136 FLORHAM PARK, NJ 7932 1S126BC-90091 1S126DC-00902 ARGANBRIGHT JENNIFER A CARPENTER WESCOTT G 8828 SW BRIGHTFIELD CIRCLE 2023 NE 42ND AVE PORTLAND,OR 97223 PORTLAND,OR 97213 1S126DC-03300 1S126BC-90071 ATHERTON REALTY PARTNERSHIP CASTANON JULIO& 2100 S WOLF CASTANON LYDIA DES PLAINES, IL 60018 8836 SW BRIGHTFIELD CR TIGARD,OR 97223 1S126DC-04800 1S126BC-01200 BAKER JAMES & CHING RAYMOND A TRUST& MATHESON ROBERT T& CHING MARGARET S TRUST BAKER DIANE R BY TBC TAX UNIT#016461 9495 SW LOCUST#A PO BOX 35370 PORTLAND, OR 97223 LOUISVILLE, KY 40232 -126DC-04801 1S126BC-91271 BA ' JAMES & COOPER ALLEN MATHE ►' '"BERT T& 8837 SW BRIGHTFIELD CIRCLE BAKER . - TIGARD,OR 97223 949 LOCUS #A PORTLAND, OR 97223 1 S 126CA-01200 1S126CD-00100 BEIM&JAMES PROPERTIES III& CRESCENT GROVE CEMETERY ASS BRYAN JOHN M/FLORENCE E TRUST CRESCENT GROVE CEMETERY HAMPTON KATHRYN B TRUST ET AL 9925 SW GREENBURG ROAD 15 SW COLORADO AVE STE G TIGARD,OR 97223 BEND, OR 97702 1S126BC-90031 1S126CA-01100 BLANCHARD OSBORN DAYTON HUDSON CORPORATION 8852 SW BRIGHTFIELD CIRCLE BY TARGET CORP T-0345 TIGARD, OR 97223 PROPERTY TAX DEPT/TPN-0950 PO BOX 9456 MINNEAPOLIS, MN 55440 1S126BC-01400 1268C-9200 DENNY'S REALTY INC FA IE LACE CONDOMINIUMS BY RASH#200 37 6803 OWN OF UNITS PO BOX 260888 PLANO,TX 75026 1 S126BC-92091 1 S126DB-02700 DUBOIS TAURA FAIRWAY CENTER ASSOCIATES 8942 SW FAIRVIEW PL 528 B ST TIGARD,OR 97223 SANTA ROSA,CA 95401 1S126BC-92131 1S126BC-91091 DUVAL GISELLE FENWICK KELLY 8938 SW FAIRVIEW PL 8805 SW BRIGHTFIELD CIR TIGARD,OR 97223 TIGARD,OR 97223 1S135AB-00900 1S126BC-92031 EOP-LINCOLN LLC FISH DAVID D LINCOLN CENTER COMPLEX 8948 SW FAIRVIEW PL [16231-16237] PORTLAND,OR 97223 PO BOX#A-3879 CHICAGO, IL 60690 1-135A8-04600 1S126DB-02800 EO• INCOLN LLC FRANKLIN COMMONS ASSOCIATES LINCO CE. 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DE 19808 PORTLAND,OR 97223 1S126BC-92071 1S135BB-00300 MCDONALD LINDA L OBIE MEDIA CORP 8944 SW FAIRVIEW PL 4211 W 11TH TIGARD, OR 97223 EUGENE,OR 97402 1S126BC-92042 1 S126DC-04601 MCKENZIE ANNIE LEIGH O'DAY SUSIE&BRIAN LIV TRUST 8947 SW FAIRVIEW PL BY O'DAY FRANCIS B/SUSAN A TRS TIGARD, OR 97223 9970 SW GREENBURG RD TIGARD,OR 97223 1S126BC-90051 1S126BC-00400 MCLAWHORN CHARLES E OLSON PETER G-TRUSTEE 8844 SW BRIGHTFIELD CIR BY PROGRESS SQUARE PARTNERS PORTLAND, OR 97223 770 TAMALPAIS DR#401 B CORTE MADERA,CA 94925 1S126CA-00100 1S126BC-00500 MENASHE R BARRY OLSON PETER G-TRUSTEE 621 SW ALDER STE 605 BY GRAY COMPANY REALTY INC PORTLAND, OR 97205 520 SW YAMHILL STE#444 PORTLAND, OR 97204 1S126BC-91182 1. 6BC-00300 METZGER FLORIA A& OLSO TER G STEE FONSECA CYNTHIA BY PROG- QUARE PARTNERS PO BOX 445 770 ALPAIS D' :01 B LAKE OSWEGO,OR 97034 ORTE MADERA, CA 94925 1S126BC-00100 1S135BA-01802 OLSON PETER G TRUSTEE PPR SQUARE TOO LLC BY NORMAN GENTRY BY BANK OF AMERICA 2099 GRAND ST BURR 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TTSDALE,AZ 85261 1S126BC-92142 1S126CB-00300 POINDEXTER RENEE B PPR WASHINGTON SQUARE LLC 8937 SW FAIRVIEW PL BY WELLS FARGO BANK TIGARD, OR 97223 do ePROPERTYTAX-DEPT 303 PO BOX 4900 SCOTTSDALE,AZ 85261 1 S 126DB-00300 1 • 5BA-03600 PORTLAND CLINIC LLP PPR •' HINGTON `'UARE LLC 800 SW 13TH AVE BY ePROPE'.• AX-DEPT 108 PORTLAND, OR 97205 PO B• ••00 - •TTSDALE,AZ 85261 1S126BC-92011 126BC-00900 POWELL JEFFREY L PP ASHINGT SQUARE LLC 8523 SW 52ND BY ePR TAX-DEPT 108 PORTLAND,OR 97219 PO 4900 OTTSDALE,A 5261 1S135BA-00102 — 6CB-00200 PPR SQUARE TOO LLC PPR ' HING • SQUARE LLC BY EPROPERTY TAX-DEPT 108 BY ePROP Y TAX-DEPT 108 PO BOX 4900 PO ::' 4900 SCOTTSDALE,AZ 85261 - OTTSDALE,AZ 8 261 1S12600-00301 1 126CA-00400 P WASHINGT SQUARE LLC PP' ASHI• ON SQUARE LLC BY eP Y TAX-DEPT 108 BY eP 4,•'ERTY TAX-DEPT 108 PO 49 PO '•X 49s OTTSDALE,AZ 85261 ' OTTSDALE, •Z 85261 1S126CA-00600 1S126BC-90061 P' ' ASHINGTO■ SQUARE LLC PRATT CLARICE H BY eP':' e ' TAX-DEPT 108 8840 SW BRIGHTFIELD CIRCLE PO 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NEHALEM,OR 97131 OTTSDALE, • 85261 1 5BA-03500 1S135BB-00500 PPR • •SHINGTP SQUARE LLC RAM/CASCADE CENTER LLC BY ePR•'_ ' TAX-DEPT 108 3998 SOUTHPOINTE DR PO B• •9s. EUGENE,OR 97405 - •TTSDALE, -Z 85261 1 S 126 CA-00700 1 S 126 DC-08100 PPR WASHINGTON SQUARE LLC RANDOL JAMES D&DONNA M BY J C PENNEY 0288-1 9589 SW 92ND AVE TAX SERVICES PORTLAND,OR 97223 PO BOX 10001 DALLAS,TX 75301 1 126CD-00400 1S126BC-92102 • PP' •ASHING q SQUARE LLC ROMANO JANICE BY ePRO: rTY TAX-DEPT 108 8941 SW FAIRVIEW PL POs% 4900 TIGARD,OR 97223 OTTSDALE,A 85261 >Koe B-00400 1S126DC-01004 ASHINGT SQUARE LLC ROTH JEFFREY A&BETTY A O BANK 9445 SW LEHMANN AX-DEPT 303 TIGARD,OR 97223 SDALE,AZ 85261 18126C0-00300 1S126BC-91262 PPR WASHINGTON SQUARE LLC SASU TRAIAN BY J C PENNEY 0288-1 8839 SW BRIGHTFIELD CR TAX SERVICES TIGARD,OR 97223 PO BOX 10001 DALLAS,TX 75301 1 S 126 C D-00200 1 S 126 BC-92191 ASHING - N SQUARE LLC SAXON CHRISTI R BY ePR Y TAX-DEPT 108 8932 SW FAIRVIEW PL#19 PO 4900 TIGARD,OR 97223 OTTSDALE,AZ 85261 1 S 126C C-00100 1S12600-00400 PPR WASHINGTON SQUARE LLC SEARS ROEBUCK AND CO C/0 NORDSTROM DEPT 768TAX B2-116A ATTN:TAX DEPT 3333 BEVERLY RD PO BOX 2229 HOFFMAN ESTATES, IL 60179 SEATTLE,WA 98111 1S126BC-90041 1S126CA-00500 SEIDL HELEN L U S BANK 8848 SW BRIGHTFIELD CIR BY US BANK PROPERTIES TIGARD, OR 97223 2800 EAST LAKE ST MINNEAPOLIS, MN 55406 1S1260C-91242 1S135BA-03300 SJO INVESTMENTS INC UNIVERSUS 12482 SW BROOK CT BY STEVE ECOFF TIGARD, OR 97223 442 GLENWOOD DR OXNARD,CA 93030 26BC-91151 1 S126DC-04500 SJO VE ENTS INC VIP'S MOTOR INNS INC 1248 ROOK CT 29757 SW BOONES FERRY RD ARD, OR 7223 WILSONVILLE,OR 97070 1S1268C-91102 1S1266C-92122 STRYKER JOHN L WALKER JAMES W 8807 SW BRIGHTFIELD CIR 8939 SW FAIRVIEW PL#12 TIGARD, OR 97223 TIGARD,OR 97223 1S135BB-00100 1S126DC-07300 SUBURBAN PROPANE LP WEEKS H&D LIFETIME TRUST ATTN. CARL J REMMES BY HOWARD B/DOROTHY M WEEKS TRS 240 RT 10 W 12900 SW 9TH ST#321 WHIPPANY, NJ 7981 BEAVERTON,OR 97005 1 S126DC-08700 1 6DC-07500 TALLEY ROGER S& WE H& ' ETIME TRUST BARBARA J BY HO 'S B/DOROTHY M WEEKS TRS 10510 SW 30TH AVE 1290% SW 9T #321 PORTLAND,OR 97219 = AVERTON, OR 97005 1 S126BC-91 192 1S126DC-07600 TAYLOR LEE ANN KS H&D LI,ETIME TRUST 1630 SPRUCE AVE BY H• •-• :/DOROTHY M WEEKS TRS CHICO,CA 95926 1290' "I 9 ST#321 AVERTON, 0- •7005 1S126BC-01100 1 126DC-07100 TEXACO REFINING&MARKETING INC WE H&D TIME TRUST BY EQUILON ENTERPRISES LLC BY HO '• B/DOROTHY M WEEKS TRS SHELL OIL PRODUCTS US 1290' W 9 T#321 TAX DEPT PO BOX 4369 AVERTON, OR 97005 HOUSTON,TX 77210 1S126DC-01005 1 6DC-07200 THOMAS HARRY WEE' ; H&D TIME TRUST 1783 NW 143RD AVE UNIT#17 BY HOWA:% B/DOROTHY M WEEKS TRS PORTLAND, OR 97229 1290' : 9T T#321 AVERTON,OR 97005 126DC-07900 1 6DC-07700 TIG OF WEE - &D TIME TRUST 131 ALL BLVD BY HOWA:: : DOROTHY M WEEKS TRS ARD,OR 97223 1290• " 9TH S •321 AVERTON,OR 97005 1S126DC-07400 KS H&D ETIME TRUST BY H• A•• B/DOROTHY M WEEKS TRS 1291• ' HST#321 AVERTON, 97005 1S1268C-01501 WHO'DA THUNK LLC BY BOB COOK 1005 HARBOR SW UNIT#600 SEATTLE,WA 98116 1S126BC-92202 WILLIAMS JOYA J 8931 SW FAIRVIEW PL TIGARD, OR 97223 1S126BC-01506 WISCO REAL ESTATE EQUITY FUND I LTD PARTNERSHIP BY WYSE INVESTMENT SRVS CO 111 SW FIFTH AVE STE 1100 PORTLAND,OR 97204 1S126BC-92151 WISTI ROBERT G 8936 SW FAIRVIEW PL TIGARD, OR 97223 151268C-91162 WOOD ALBERT E LJALICE M PO BOX 402 ASTORIA,OR 97103 1S126BC-91311 YANG ZHI ZHAN 8841 SW BRIGHTFIELD CIR TIGARD,OR 97223 Nathan and Ann Murdock Mildren Design Group PO Box 231265 Attn: Gene Mildren 7650 SW Beveland Street, Suite 120 Tigard, OR 97281 Tigard, OR 97223 Sue Rorman Diane Baldwin 11250 SW 82r,d Avenue 3706 Kinsale Lane SE Tigard, OR 97223 Olympia, WA 98501 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CPO 4M Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD - EAST INTERESTED PARTIES (i:\curpin\setup\labels\CIT East.doc) UPDATED: 21-Oct-05 AFFIDAVIT OF MAILING CITY OF TIGARD Community Development Shaping Better Community I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Senior AdministrativeSpecialtst for the City of Tigard, Washington County, Oregon and that I served the following: (Check Appropriate BoxisI Belov. E3 NOTICE OF DECISION FOR: SDR2005-00009/MAJOR MOD. TO WASHINGTON SQUARE MALL EXPANSION CONDITIONS ❑ AMENDED NOTICE (File No/Name Reference) Z City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B", and by reference made a part hereof, on March 21,2006, and deposited in the United States Mail on March 21,2006, postage prepaid. /--i to 'l . It, , � � . '(' ' , (Person that Prepared Notice ST1 ri Off'ORVEGOAr ) County of Washington )ss. City of ward ) • % Subscribed and sworn/affirmed before me on the day of 14friAL , 2006. OFFICIAL SEAL - 1 -■' SUE ROSS �';. r NOTARY PUBLIC-OREGON � COMMISSION NO.375152 r i)r1 ;1--) MY COMMISSION EXPIRES DEC.1,2007 NOTA. LW O My Co ' 11 sion Expires: /t -f-O 7 EXHIBIT A NOTICE OF TYPE II DECISION SITE DEVELOPMENT REVIEW(SDR) 2005-00009 MAJOR MODIFICATION TO CONDITIONS OF APPROVAL FOR WASHINGTON SQUARE MALL EXPANSION 120 DAYS = 5/25/2006 SECTION I. APPLICATION SUMMARY FILE NAME: MAJOR MOD TO WA. SQ.MALL EXPANSION CONDITIONS CASE NO.: Site Development Review(SDR) SDR2005-00009 PROPOSAL: The applicant is requesting Site Development Review for a major modification to the conditions of approval for SDR2003-00012. In this decision, which became effective January 10, 2004, the City approved a 114,760 square foot expansion of retail space to the Washington SquarepMall, as well as a 197,930 square foot 2-level parking garage west of the proposed expansion, and a 161,490 square foot 4-level parking garage to the south of the expansion. The applicant specifically requests deletion of that portion of Condition 4C relating to the dedication of frontage along Greenburg Road (Access Roads 6 and 7, Square Too). Deletion of this dedication requirement is requested to make the proposed improvements proportional to the unmitigated impacts of the expansion. APPLICANT: Macerich Company APPLICANT'S Greg Hathaway do Rick Beason REP.: Davis Wright Tremaine LLP 401 Wilshire Blvd#700 1500 SW Fifth Avenue,Suite 2300 Santa Monica,CA 90401 Portland,OR 97204 OWNER PPR Washington Square LLC c/o Chuck Davis 401 Wilshire Boulevard,#700 Santa Monica,CA 90401 LOCATION: 10108 SW Washington Square Road @ SW Greenburg Road;WC TM 1S135BA,Tax Lot 00102. ZONE: MUG Mixed-Use Commercial District. The MUG zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 unites per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.630, 18.705. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section VI. NOTICE OF TYPE II DECISION SDR2005-00009/WASHINGTON SQUARE EXPANSION PAGE 1 OF 6 SECTION III. BACKGROUND INFORMATION Site History: The Mall was originally constructed in unincorporated Washington Countyprior to the area being annexed to the City. Since 1987, a variety of land use activities have been approved including a modification, minor land partition, expansions, and construction of a monopole. In September 1999, the Washington Square Regional Center Plan was adopted which changed the zoning on the site from GG (General Commercial) to MUG (Mixed-Use Commercial), imposed design guidelines, and created policies for providing capital facilities to support the regional center. Vicinity Information: The subject site is located within the Washington Square Mall area, between Highway 217, SW Hall Boulevard, and SW Greenburg Road in the Washington Square Regional Center area. The site is bordered on the north and west by the City of Beaverton, on the south by Mixed Use Commercial (MUG) zoned properties, and to the east lies the Crescent Grove Cemetery(zoned R-4.5) and other properties with Mixed Use Employment-1 (MUE-1) zoning. Site Information and Proposal Description: The applicant is requesting Site Development Review for a major modification to the conditions of approval for SD'R2003-00012. In this decision,which became effective major 10, 2004,the City approved a 114 760 square foot expansion of retail space to the Washington Square Mall, as well as a 197,930 square foot 2-level parking garage west of the proposed expansion, and a 161,490 square foot 4-level parking garage to the south of the expansion. The applicant specifically requests deletion of that portion of Condition 4C relating to the dedication of frontage along Greenburg Road (Access Roads 6 and 7, Square Too). The applicant asserts that deletion of this dedication requirement will make the proposed improvements proportional to the unmitigated impacts of the expansion. Condition 4C reads: Prior to issuance of building permits for either phase (parking structure, shell retail building), the applicant shall dedicate right-of-way, as necessary along the frontages of SW Hall Boulevard and SW Greenburg Road to make the total right-of-way width 52 feet from centerline. The applicant may alternatively enter into an agreement with the city to provide the right of way prior to final building inspection. The applicant opted to enter into an agreement with the city(February 3 2004letter to Morgan Tracy, City planner, from Gregory Hathaway, Davis Wright Tremaine Attorney for the applicant) assuring that it would meet the condition pending an appraisal (Integra Realty Resources, February 11, 2005) demonstrating that the requested dedication was disproportionate. The applicant and the City held a pre-application conference on September 15,2005. At this meeting which included the City Attorney, it was determined that the applicant should submit a minor modification application to request that Condition 4C be deleted. Pusuant to this determi i nation, the subject application was submitted. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET No letters or comments were received from nearby property owners. NOTICE OF TYPE II DECISION SDR2005-00009/WASHINGTON SQUARE EXPANSION PAGE 2 OF 6 SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA The proposal's consistency with these Code Chapters is reviewed in the following sections: A. Zoning Districts (18.5000) 18.520.020 (Commercial Zoning Districts) B. Applicable Development Code Standards 18.630 (Washington Square Regional Center Design Standards) C. Specific Site Development Review Approval Standards (18.360) D. Street and Utility Improvement(18.810) E. Impact Study(18.390 SECTION VI. APPLICABLE DEVELOPMENT CODE STANDARDS A. ZONIING DISTRICTS Commercial Zoning District: Section 18.520.020 Lists the description of the Commercial Zoning Districts. The present use of the site includes retail and restaurant uses which are permitted in the zoning district. B. APPLICABLE DEVELOPMENT CODE STANDARDS Washington Square Regional Center Design Standards (18.630) Design standards for public street improvements and for new development and renovation projects have been prepared for the Washington Square Regional Center. These design standards address several important guiding principals adopted for the Washington Square Regional Center, including creating a high-quality mixed use area, providing a convenient pedestrian and bikeway system, and utilizing streetscape to create a high quality image for the area. All new developments, including remodeling and renovation projects resulting in new non single family residential uses are expected to contribute to the character and quality of the area. --In addition to meeting the design standards and other development standards required by the Development and Building Codes, developments will be required to dedicate and improve public streets,connect to public facilities such as sanitary sewer,water and storm drainage,and participate in funding future transportation and public improvement projects necessary within the Washington Square Regional Center. The Washington Square Regional Center Design Standards have been applied through the review and approval of the Washington Square Expansion proposal (SDR2003-00012).pursuant to these standards, the Expansion was conditioned to dedicate and improve streets. However,the applicant has requested deletion of the Greenburg Road right-of-way dedication requirement of Condition 4c citing that the dedication is not roughly proportional.A revised proportionality analysis is found below. C SPECIFIC SITE DEVELOPMENT REVIEW APPROVAL STANDARDS Section 18.360.090(A)(2) through 18.360.090(A)(15) provides additional Site Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These additional standards are addressed immediately below with the following exceptions: None of the Specific Site Development Review Approval Standards are applicable to the applicant's request to delete the right-of-way dedication requirement of condition of approval 4C NOTICE OF TYPE II DECISION SDR2005-00009/WASHINGTON SQUARE EXPANSION PAGE 3 OF 6 D. STREET AND UTILITY IMPROVEMENTS STANDARDS Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets,sewers,and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Section 18.630.100 references the street and accessway standards from the Recommended Roadway Functional Classification Map and Street Cross Sections in the Washington Square Regional Center Plan. These recommendations shall govern the improvement and construction of major streets within the Washington Square Regional Center. Greenburg Road SW Greenburg is designated in the City's Transportation System Plan as a 4/5 lane arterial with bike lanes and 10-foot-wide sidewalks. The road is maintained by Washington County. The ROW requirement for Greenburg Road is 104 feet or 52 feet from centerline. Right-of-way varies in this segment between Highway 217 and Hall Boulevard from 30 to 65 feet from centerline. The roadway has been improved and there is an existing sidewalk along the project's frontage. Because the current right-of-way width does not meet this standard in certain segments, the applicant's approval was conditioned to dedicate additional right-of-way as necessary to meet this standard. Physical im rovement of this right-of-way is not timely due to the fact that the applicant is not proposing any changes within or near the affected roadway area and such improvements should occur as part of a larger road improvement project to ensure an orderly transition between roadway segments. There is approximately 8,700 square feet of right-of-way required. The applicant has requested that this dedication not IDe required because,they contend,it is not roughly proportional to the impacts created by the mall expansion. E. IMPACT STUDY Section 18.360.090 states, "The Director shall make a finding with respect to each of the following criteria when approving,approving with conditions or denying an application:" Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. Section 18.390.040 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The applicant provided an impact study addressing the project's impacts on public systems. The Washington County Traffic Impact Fee (TIF) is a mitigation measure that is required at the time of development. Based on a transportation impact study prepared by Mr. David Larson for the A-Boy Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of new development on the Collector and Arterial Street system. Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is the TIF divided by 0.32. The difference between the TIF paid,and the full impact, is considered the unmitigated impact on the street system. NOTICE OF TYPE II DECISION SDR2005-00009/WASHINGTON SQUARE EXPANSION PAGE 4 OF 6 While the applicant will be required to pay TIFs only for the square footage of the retail shell building, subsequent tenants have the ability to improve the second floor for retail or storage space, and the assessment of impact should examine the total square footage and resulting TIF. The TIF is based on first determining the land use type. In this case, the total gross square footage is used to find that "Shopping Center between 1,000,000 and 1,200,000 square feet" is the nght land use type, generating 32.82 weekday average trips per thousand gross leasable square feet. The Washington Square expansion added 141,720 leasable square feet. The trip charge for commercial uses is $64 per trip. Based on these figures (32.82 X 141.72 X $64 , the TIF would be approximately$297,680. A fee that would cover 100% of the unmitigated impact would. be $930,250 (297,680 40.32). The unmitigated impact of this project on the transportation system is therefore, $632,570 ($930,250 - $297,680). For purposes of evaluating the proportionality of the required exactions, the city used an estimated value. The final value of these exactions differed based on a fair market appraisal provided by the applicant and discussed below. The following lists the off-site exactions the City imposed on the applicant under the SDR2003-00012 decision and their estimated value: Right-of-way dedications to Hall: 1,748 s.f.@ $15.00 s.f. $ 26,220 Right-of-way dedications to Greenburg: 8,700 s.f.@ $15.00 s.f $ 130,500 Right-of-way dedications to Scholls Ferry: none $ 0 Signal timing evaluation and correction: lump sum $ 50,000 Sidewalks on Scholls Ferry 1,425 1.f.for a 10'wide sidewalk@ $3.75 s.f. $ 53,438 Bike Lane Striping $ 6,343 Transit Center Improvements $ 74,000 TOTAL: $ 340,501 As part of the subject application, the applicant submitted a spread sheet entitled Washington Square E anion. The spread sheet compares the estimated costs in the Staff Report for SDR2003-00012 with the ac costs of dedications and improvements determined in the appraisals for Washington Square and Washington Square Two (Integra Realty Resources, February 11, 2005). The spread sheet includes the appraised values for improvements and dedications and sets the total value of actual improvement and dedication costs for the project at $974,989. This total includes the value of dedicated lands for Hall and Greenburg Roads, the value of improvements within those dedicated lands, the value of required im rovements associated with transportation impacts of the Mall expansion, and the cost of the appraisal and associated fees. According to the information submitted by the applicant, the actual costs of the exactions exceed the unmitigated 11F ($632,570) by$342,419. The appraisal sets the fair market value of the required Greenburg Road dedication between Access Roads No. 6 and 7 at$344,231: Land: $128,596.00 Improvements: 215,635.00 Fair Market Value $344,231.00 The applicant has provided evidence that supports their argument that the real property dedication is not roughly proportional to the projected impacts of the development.If the City foregoes the $344,231 amount for the Greenburg Road dedications, as discussed above and requested by the applicant, the balance would be roughly ropportional. Therefore, the City shall delete the dedication requirement of Condition of Approval 4C(SDR2003-00012),consistent with this standard. SECTION VII. OTHER STAFF COMMENTS No other staff comments have been received. SECTION VIII. AGENCY COMMENTS City of Beaverton reviewed the proposal and had no objections to it. NOTICE OF TYPE II DEQSION SDR2005-00009/WASHINGTON SQUARE EXPANSION PAGE 5 OF 6 SECTION IX. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON MARCH 21,2006 AND BECOMES EFFECTIVE ON APRIL 5,2006 UNLESS AN APPEAL IS FILED. eal 1 ie ecision of the Director (Type II Procedure) or Review Authority (Type II Administrative Appeal or Type III Procedure) is final for purposes of appeal on the date that it is mad. Anyparty with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10)business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall�oulevard,Tigard,Oregon 97223. Unless the applicant is the appellant,the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing,subject to any additional Hiles of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON APRIL 4,2006. stions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon at(503) 639-4171. March 21,2006 PREPARED B : aryPagenstecher DATE Associate Planner March 21,2006 APPROVED BY: Richard FL Bew rs rff DATE Planning Manage i\curpin\gary\sdr\sdr2005-00009(washington square exp)\sdr2005-00009 decision.doc NOTICE OF TYPE II DECISION SDR2005-00009/WASHINGTON SQUARE EXPANSION PAGE 6 OF 6 I CITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM F------ m I VICINITY MAP W z � < SDR200S-00009 0 BC 1111 4. WASHINGTON SQUARE MALL EXPANSION G LEHMANN 0 z I CORAL 991111LF 1110, \ /( 1 5 FERR II 1 / Mil C A P 1°401 LOCUST , . :: iii Tigard Area Map ) MAI N v� GO c) v co0 200 400 600 Feet n v ` 1"=410 feet M i ,ilk.I , City of Tigard Infor on is and n. • i should be mation verified this map with the Development for general Servlocation ices only Divisio 13125 SW Hall Blvd ..) \ _______________ Tigard,OR 97223 (503) 9-4171 http://wmwvui..tigardor.us / Community Development Plot date:Feb 1,2006;C:lmagic\MAGIC03.APR r Office: PORTLAND 1 S f NHP—PDX-32PCD21 1 User: SCRUBBS r 0 14 _ m � 1A _ _ _::, :.5 0 _ jp, , . .,ACCESS ROAD NO. 6 (ACCESS DRIVEWAY) !°S�p c7 , F,h _ ' 1 ro v x r Z N o L O 2 o x RETAIL 5'' '� 2 D 0 A BUILDING - STA: 105+80.77 '� �co co Y R O FFSET: 52.00 R - 106(1 p p r��,�'0 ETAIL ,; STA: 106+00 ci u I r BUILDING > OFFSET: 42.00 R 3 1J-----� L--I �; �o Z---- ,;.; 1 0 L „.' /O?f p p I .7 STA: 107+43.35 PC ;' 1 � �b OFFSET: 52.00 R IX ��y / / S07 3.35 u ], / Z r / ��C :i;J 4? _ OD OFFSET: 42.00 R ig O o� m () ` 'iii n •p Z Ph / STA: 109+11.35 PT / /■' s?' G7 �� \ OFFSET: 52.00 R `4 C / l STA: 109+11.35 P T 3 /STA: 109+49.59 PC 4114. 1ff 1••', OFFSET: 42.00 R `' 0 A / OFFSET: 52.00 R f;;�z W° (n / ►�J 10 i 4.:/.3.5 iA Cn OFFSET: 42.00 R Ii'!`,►;+ I ,,, . co , (,),, -r ;.... \.n.. 1 `n Z .. 771 1. K \c V j H 172 AN.. 1\1 �� a o0 Macerich Company EXHIBIT. c/o Rick Beason SDR2005-00009 401 Wilshire Boulevard, Suite 700 WASHINGTON SQUARE EXPANSION Santa Monica, CA 90401 PPR Square Too LLC 401 Wilshire Boulevard, Suite 700 Santa Monica, CA 90401 Greg Hathaway Davis Wright Tremaine LLP 1500 SW Fifth Avenue, Suite 2300 Portland, OR 97204 PPR Square Too LLC By EProperty Tax-Dept. 108 PO Box 4900 Scottsdale, AZ 85261 AFFIDAVIT OF MAILING CITY OFTIGARD Community cDeve(opment Shaping Better Community I, Patricia L. Lunsford being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialast for the City of Tigard, Washington County, Oregon and that I served the following: Check Agproprele Box(s)Below} E3 NOTICE OF PENDING LAND USE DECISION FOR: SDR2005-00009/WASHINGTON SOUARE MALL EXPANSION MAJOR MOD. AMENDED NOTICE (File No./Name Reference) City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B", and by reference made a part hereof, on February 1,2006, and deposited in the United States Mail on February 1,2006, postage prepaid. ■ (Person thatI"-parecr otice) 44716 STATE OF OREGON ) County of Washington )ss City of Tigard ) Subscribed and sworn/affirmed before me on the day of ° , 2006. OFFICIAL SEAL SUE ROSS 4-40/0 %TARP Pr ro_r '4Mr. NOTARY P OF OREGON 2.3N} My Com Expires: /a -4-67 EXHIBIT A NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. NOTICE OF PENDING LAND USE APPLICATION SITE DEVELOPMENT REVIEW CI TY OF TIGARD Community,Development Shaping A Better Community DATE OF NOTICE: February 1, 2006 FILE NUMBER: SITE DEVELOPMENT REVIEW (SDR) 2005-00009 Type II Land Use Application FILE NAME: WASHINGTON SQUARE MALL EXPANSION PROPOSAL: The applicant is requesting Site Development Review for a major modification to the conditions of approval for SDR2003-00012. In this decision, which became effective January 10, 2004, the City approved a114,760 square foot expansion of retail space to the Washington Square Mall, as well as a 197,930 square foot 2-level parking garage west of the proposed expansion, and a 161,490 square foot 4-level parking garage to the south of the expansion. The applicant specifically requests deletion of that portion of Condition 4C relating to the dedication of frontage along Greenburg Road (Access Roads 6 and 7, Square Too). Deletion of this dedication requirement is requested to make the proposed improvements proportional to the unmitigated impacts of the expansion. ZONE: MUC: Mixed Use Commercial District. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 unites per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.630 and 18.705. LOCATION: 10108 SW Washington Square Road @ SW Greenburg Road; WCTM 1S135BA, Tax Lot 00102. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON FEBRUARY 15, 2006. All comments should be directed to Gary Pagenstecher, Associate Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at (503) 639-4171 or by e-mail to gawp( tgard-or.gov. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR MARCH 23, 2006. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: • Address the specific "At. .;able Review Criteria" described in - section above or any other criteria believed to be applicable to this proposal; • Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; • Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: • The application is accepted by the City • Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. • The application is reviewed by City Staff and affected agencies. • City Staff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. If you want to inspect the file, please call and make an appointment with either the project planner or the planning technicians. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." MEP Iron Jmammy mar • SDR2005.00009 WASHINGTON SQUARE ar7i111111 - L_MALL EXPANSION .111111 rauniti 1111111111111 lb Elm 61 MIME �j / len t•Wm . 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' TAX-DEPT 108 3998 SOUTHPOINTE DR PO B• •9I EUGENE,OR 97405 ' STTSDALE, •Z 85261 1 S126CA-00700 1 S126DC-08100 PPR WASHINGTON SQUARE LLC RANDOL JAMES D&DONNA M BY J C PENNEY 0288-1 9589 SW 92ND AVE TAX SERVICES PORTLAND,OR 97223 PO BOX 10001 DALLAS,TX 75301 1 126C0-00400 1S126BC-92102 - PP ASHING SQUARE LLC ROMANO JANICE BY ePR TAX-DEPT 108 8941 SW FAIRVIEW PL PO 4900 TIGARD,OR 97223 OTTSDALE, 85261 Si 0400 1 S126DC-01004 SQUARE LLC ROTH JEFFREY A&BETTY A BANK 9445 SW LEHMANN AX-DEPT 303 TIGARD,OR 97223 ALE,AZ 85261 1S126CD-00300 1 S126BC-91262 PPR WASHINGTON SQUARE LLC SASU TRAIAN BY J C PENNEY 0288-1 8839 SW BRIGHTFIELD CR TAX SERVICES TIGARD,OR 97223 PO BOX 10001 DALLAS,TX 75301 1 S126CD-00200 1 S126BC-92191 ASHING N SQUARE LLC SAXON CHRISTI R BY ePR TAX-DEPT 108 8932 SW FAIRVIEW PL#19 PO 4900 TIGARD,OR 97223 OTTSDALE,AZ 85261 1 S126CC-00100 1S12600-00400 PPR WASHINGTON SQUARE LLC SEARS ROEBUCK AND CO C/O NORDSTROM DEPT 768TAX B2-116A ATTN:TAX DEPT 3333 BEVERLY RD PO BOX 2229 HOFFMAN ESTATES, IL 60179 SEATTLE,WA 98111 • 1S126BC-90041 1S126CA-00500 SEIDL HELEN L U S BANK 8848 SW BRIGHTFIELD CIR BY US BANK PROPERTIES TIGARD, OR 97223 2800 EAST LAKE ST MINNEAPOLIS, MN 55406 1S126BC-91242 1S135BA-03300 SJO INVESTMENTS INC UNIVERSUS 12482 SW BROOK CT BY STEVE ECOFF TIGARD, OR 97223 442 GLENWOOD DR OXNARD,CA 93030 26 BC-91151 1 S 126 DC-04500 SJO VE ENTS INC VIP'S MOTOR INNS INC 1248 ROOK CT 29757 SW BOONES FERRY RD ARD, OR 7223 WILSONVILLE,OR 97070 1S126BC-91102 1S126BC-92122 STRYKER JOHN L WALKER JAMES W 8807 SW BRIGHTFIELD CIR 8939 SW FAIRVIEW PL#12 TIGARD, OR 97223 TIGARD,OR 97223 1S135BB-00100 1S126DC-07300 SUBURBAN PROPANE LP WEEKS H&D LIFETIME TRUST ATTN: CARL J REMMES BY HOWARD B/DOROTHY M WEEKS TRS 240 RT 10 W 12900 SW 9TH ST#321 WHIPPANY, NJ 7981 BEAVERTON,OR 97005 1 S126DC-08700 1 6DC-07500 TALLEY ROGER S& WE • H& I ETIME TRUST BARBARA J BY HO "•I B/DOROTHY M WEEKS TRS 10510 SW 30TH AVE 1290: SW 9T #321 PORTLAND,OR 97219 = AVERTON,OR 97005 1S126BC-91192 1S126DC-07600 TAYLOR LEE ANN KS H&D LI ETIME TRUST 1630 SPRUCE AVE BY H• •-• :/DOROTHY M WEEKS TRS CHICO,CA 95926 12900 " 9 ST#321 AVERTON, 0- •7005 1S126BC-01100 1 126DC-07100 TEXACO REFINING&MARKETING INC WE H&D • TIME TRUST BY EQUILON ENTERPRISES LLC BY HO • B/DOROTHY M WEEKS TRS SHELL OIL PRODUCTS US 12900 W 9 T#321 TAX DEPT PO BOX 4369 AVERTON, OR 97005 HOUSTON,TX 77210 1 S 126DC-01005 1 6DC-07200 THOMAS HARRY WEE' : H&D TIME TRUST 1783 NW 143RD AVE UNIT#17 BY HOWA:% B/DOROTHY M WEEKS TRS PORTLAND, OR 97229 12900 9T T#321 AVERTON,OR 97005 126 DC-07900 1 6DC-07700 TIG OF WEE - &D TIME TRUST 131 ALL BLVD BY HOWA:: : DOROTHY M WEEKS TRS ARD, OR 97223 12900 9TH S •321 AVERTON,OR 97005 1S126DC-07400 ■ KS H&D ETIME TRUST BY H• • B/DOROTHY M WEEKS TRS 1291' A • HST#321 AVERTON, 97005 1 S126BC-01501 WHO'DA THUNK LLC BY BOB COOK 1005 HARBOR SW UNIT#600 SEATTLE,WA 98116 1S126BC-92202 WILLIAMS JOYA J 8931 SW FAIRVIEW PL TIGARD,OR 97223 1S126BC-01506 WISCO REAL ESTATE EQUITY FUND I LTD PARTNERSHIP BY WYSE INVESTMENT SRVS CO 111 SW FIFTH AVE STE 1100 PORTLAND,OR 97204 1S126BC-92151 WISTI ROBERT G 8936 SW FAIRVIEW PL TIGARD,OR 97223 1 S126BC-91162 WOOD ALBERT E UALICE M PO BOX 402 ASTORIA,OR 97103 1 S 126BC-91311 YANG ZHI ZHAN 8841 SW BRIGHTFIELD CIR TIGARD,OR 97223 Nathan and Ann Murdock Mildren Design Group PO Box 231265 Attn: Gene Mildren Tigard, OR 97281 7650 SW Beveland Street, Suite 120 Tigard, OR 97223 Sue Rorman Diane Baldwin 11250 SW 82nd Avenue 3706 Kinsale Lane SE Tigard, OR 97223 Olympia, WA 98501 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CPO 4M Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD - EAST INTERESTED PARTIES (i:\curpin\setup\labels\CIT East.doc) UPDATED: 21-Oct-05 , Macerich Company c/o Rick Beason SDR2005-00009 401 Wilshire Boulevard, Suite 700 WASHINGTON SQUARE EXPANSION Santa Monica, CA 90401 PPR Square Too LLC 401 Wilshire Boulevard, Suite 700 Santa Monica, CA 90401 Greg Hathaway Davis Wright Tremaine LLP 1500 SW Fifth Avenue, Suite 2300 Portland, OR 97204 PPR Square Too LLC By EProperty Tax-Dept. 108 PO Box 4900 Scottsdale, AZ 85261 . e. AFFIDAVIT OF POSTING NOTICE OF A LAND USE PROPOSAL IMPORTANT NOTICE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY A COPY OF THE NOTICE THAT WAS POSTED ON THE SITE. In the Matter of the Proposed Land Use Applications for: Land Use File Nos.: SDR2005-00009 Land Use File Name: WASHINGTON SQUARE MALL EXPANSION MAJOR MOD. I, Gary Pagenstecher, Associate Planner for the City of Tigard, do affirm that I posted notice of the land use proposal affecting the land located at (state the approximate loc tion(s) IF no address(s) and/or tax lot(s) currently registered) / & (C) > --) C�i/V" Z- C L 5 41- 6`�J' and did personally post notice of the proposed land use a tfCation s b / means of weatherproof p YP P p pp ( ) Y p posting in the general vicinity of the affected territory, a copy of said notice being hereto attached and by reference made a part hereof, on the 6 r---t- day of "'a' -4-- , 2006. ji t, Signature of Person V, io Performed Posting h:Uogin\pattylmasters\affidavit of posting for applicant to post public hearing.doc WASHINGTON SQ. . SITE DEVELOPMENT REVIEW (SDR) 2005-00009 REQUEST: The applicant is requesting Site Development Review for a major modification to the conditions of approval for SDR2003-00012. In this decision, which became effective January 10, 2004, the City approved a114,760 square foot expansion of retail space to the Washington Square Mall, as well as a 197,930 square foot 2-level parking garage west of the proposed expansion, and a 161 ,490 square foot 4-level parking garage to the south c the expansion. The applicant specifically requests deletion of that portion of Condition 4G relating to the dedication of frontage along Greenburg Road (Access Roads 6 and 7, Square Too). Deletion of this dedication requirement is requested to make the proposed improvements proportional to the unmitigated impacts of the expansion. LOCATION : 10108 SW Washington Square Road @ SW Greenburg Road; WCTM 1S135BA, Tax Lot 00102. ZONE: MUC: Mixed Use Commercial District. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 unites per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.630 and 18.705. Further information may be obtained from the Planning Division (staff contact: Gary Pagenstecher, Associate Planner) at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 503-639-4171 or by email to garyp cr tgard-or.qov. A copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and copies for all items can also be provided at a reasonable cost. �r♦��;�;;��4'�®'® . ,�1'11,, I■■■■■■■■■�■�■;` �� TL NM CITY of T I G A R D td I I■■■■■•,,� .. ®®® ®�, •' ,,. ,�,-.. ll I _ GEOGRAPHIC INFORMATION SYSTEM ilk. rwy *4 . . 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X1: :1111 ♦ • • ■wl■■ 1101M077N :I,'': - —, 'milli .I1.I 4111Th■■■■ ■. �11■ :�� !• 77119 — ' IIIII I 1 I r11 City of Tigard .: ■'• '�. ■� Information on this map is for general location only and ■. �,.111 ■ , Irv' IIII should be verified with the Development Services Division. 1 �■ a T` , 13125 SW Hall Blvd ;j 144 h. ■■ .:Tl�k∎ �"'•• I �,. ' ■'III Tigard,OR 97223 IA 1 Oeril■■■■■■i III. =ill- /11 -4 .. ■ ■ (503)639-4171 :�■■■■■■■■/ •l �■g� ii �% ._ 111111P., � 4�=` ■■ IIIII :IL http:ffwmv.cifigaro.or.us Community Development Plot date:Dec 22,2005;C:lmagicWIAGIC03.APR 1 2600-00 0 1S126BC-92111 BRANAN BROCK H AND PATRICIA W 14225 SW YEARLING WAY BEAVERTON,OR 97008 1S12700-00600 S126BC-900 ADS INVESTMENT LTD PARTNERSHIP B T F LD VILLAGE CONDO ATTN:TAX DEPT UNIT ERS PO BOX 2708 PORTLAND,OR 97208 1S126DC-01002 1S126BC-91291 ANAST ANGELINE V BROWN ROSE M 9355 SW LEHMAN 8845 SW BRIGHTFIELD CIR PORTLAND,OR 97223 PORTLAND,OR 97223 1S126BC-91302 1S126CA-01000 ANDERSON MARSHA CAFARO NORTHWEST PARTNERSHIP 5041 BEACH DR SW PO BOX 422 SEATTLE,WA 98136 FLORHAM PARK,NJ 7932 1 S 126BC-90091 1 S 126 DC-00902 ARGANBRIGHT JENNIFER A CARPENTER WESCOTT G 8828 SW BRIGHTFIELD CIRCLE 2023 NE 42ND AVE PORTLAND,OR 97223 PORTLAND,OR 97213 1S126DC-03300 1S126BC-90071 ATHERTON REALTY PARTNERSHIP CASTANON JULIO& 2100 S WOLF CASTANON LYDIA DES PLAINES, IL 60018 8836 SW BRIGHTFIELD CR TIGARD,OR 97223 1Si26DC-04800 1S1266C-01200 BAKER JAMES& CHING RAYMOND A TRUST& MATHESON ROBERT T& CHING MARGARET S TRUST BAKER DIANE R BY TBC TAX UNIT#016461 9495 SW LOCUST#A PO BOX 35370 PORTLAND,OR 97223 LOUISVILLE,KY 40232 126DC-04801 15126BC-91271 BA : JAMES& COOPER ALLEN MATHE •• '•BERT T& 8837 SW BRIGHTFIELD CIRCLE BAKER . - ' ' TIGARD,OR 97223 949 . 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RWOOD DR DOUGLAS DEBORAH L Pi)-TLAND,0- 97225 7831 SE LAKE RD#200 PORTLAND,OR 97267 1S126BC-92051 - 126BC-01700 GUTHRIE ROBERT Z AND JA • EN TIMOTHY '/RACHEL A& MARJORIE L AND DOUG BR - D& FORSYTH GILBERT AND VIVIAN DOUGL, - ` BORAH L 8946 SW FAIRVIEW PL 783 E LAK '•#200 TIGARD, OR 97223 '•RTLAND, OR 97267 1S126BC-01300 1S126CA-00200 HALL BOULEVARD INVESTORS JEMMA CO LLC BY THE GRAY COMPANY REALTY INC BY STORABLES 520 SW YAMHILL#444 3250 NW YEON AVE STE W12 PORTLAND, OR 97204 PORTLAND,OR 97210 1S12600-00600 1S126BC-91131 HARBOUR STEPHEN P JOYCE DON H BY GERALD MOCK 226 NW HERMOSA BLVD 4920 SW PARK HILL ST PORTLAND, OR 97210 LAKE OSWEGO, OR 97035 1 S126BC-92162 1 6DC-01006 HARRISON GARY E& JOY 0 • JUDITH R 226 E OSA BLVD 8935 SW FAIRVIEW PL RTLAND,OR 210 TIGARD, OR 97223 1S126CA-00900 1S126BC-91111 HUDESMAN TIGARD LLC JOYCE ENTERPRISES INC BY GOOD GUYS CALIFORNIA INC 226 NW HERMOSA BLVD ATTN: GEROGE HECHTMAN PORTLAND, OR 97210 1600 HARBOR BAY PKWY STE 200 ALAMEDA, CA 94502 1S126BC-00200 126BC-91122 HUDSON INVESTMENT COMPANY JO ENT RISES INC PO BOX 19119 226 MOSA BLVD PORTLAND, OR 97280 P TLAND, 97210 1S126BC-92182 1S126BC-91142 HUNT STEVEN B JOYCE INC 8933 SW FAIRVIEW PL 226 NW HERMOSA BLVD PORTLAND,OR 97223 PORTLAND, OR 97210 1S126BC-91202 1S135BB-00800 JOYCE MGT INC LANPHERE PROPERTIES V LLC 226 NW HERMOSA BLVD 12505 SW BROADWAY PORTLAND,OR 97210 BEAVERTON,OR 97005 1Si26BC-00800 135BB-0070 JUDGE RAJIV LA E PROPERTIES V LLC 2420 PARK RD 125 ROADWAY LAKE OSWEGO,OR 97034 AVERTON,OR 97005 1S126BC-92082 1S126DC-01003 KAGANOV VIKTOR&NINA LAYMAN DEBORAH J S TRUSTEE 8943 SW FAIRVIEW PL 3216 SW SCHOLLS FERRY CT TIGARD,OR 97223 PORTLAND,OR 97221 1S126BC-91211 1S126BC-91282 KLEJMONT FRANCIS H&PEGGY J LEE SABRINA PO BOX 19394 8847 SW BRIGHTFIELD CIR PORTLAND,OR 97280 PORTLAND,OR 97223 1S126BC-90011 1S126DC-07800 KORUM GEORGE AND RAE LEHMANN SQUARE HOMEOWNERS 14305 SW HIGH TOR DR ASSOCIATION TIGARD,OR 97224 19305 ROBIN CIR#55 WEST LINN,OR 97068 1 126BC-90101 1S126CA-00300 KO G GE AND RAE LES SCHWAB TIRE CENTERS OF PORTL 1430 HIGH TOR DR STORE ACCOUNTING ARD,0 97224 PO BOX 667 PRINEVILLE,OR 97754 1S127DD-01200 1S126BC-90021 KRAUSZ PUENTE LLC LYONS JAMES E BY THE KRUASZ COMPANIES INC 8856 SW BRIGHTFIELD CIRCLE 44 MONTGOMERY ST STE 3300 TIGARD,OR 97223 SAN FRANCISCO, CA 94104 1S126BC-91071 1S127DA-00300 KRYSZEK SOPHIA MACTARNAHAN LTD PARTNERSHIP BY C&R REAL ESTATE SERVICES 11416 SW LYNNRIDGE 1440 SW TAYLOR PORTLAND,OR 97225 PORTLAND,OR 97205 1 S 126BC-92062 1 127D D-0040 1 LAMY MICHELLE MA - AN LTD PARTNERSHIP 8945 SW FAIRVIEW PL 1141- LYNNRIDGE PORTLAND,OR 97223 +RTLANI, •R 97225 IS135BA-02800 1S126 DC-04400 LANPHERE ENTERPRISES INC MARTIN BUILDING LLC ATTN: DOUG MEATH 1672 WILLAMETTE FALLS DR 12520 SW CANYON RD WEST LINN,OR 97068 BEAVERTON,OR 97005 1S135BA-03302 1S126DC-04900 MARX ERNEST L&BARBARA R MMRR LLC TRUST ATTN:ERIC R MILLER 2140 VELOZ DR 9445 SW LOCUST ST SANTA BARBARA,CA 93108 PORTLAND,OR 97223 135BA-03303 1S126DC-03500 MA ERNES &BARBARA R MORROW KENNETH C AUDREY TRUS 9411 SW CORAL 214 L DR PORTLAND,OR 97223 NTA BAR RA,CA 93108 1S126BC-91082 1S126DC-03302 MATTHEWS JENNIFER LEIGH MURRAY DOUGLAS J 8751 SW BRIGHTFIELD CIR TILLIE A PORTLAND,OR 97223 9450 SW LEHMAN PORTLAND,OR 97223 1 S 126C B-00500 1 S 126 BC-01500 MAY DEPT STORES COMPANY THE NESBITT PORTLAND PROPERTY LLC ATTN: PROPERTY TAX DEPT BY WINDSOR CAPITAL GROUP MEIER&FRANK#22 3000 OCEAN PARK BLVD#3010 611 OLIVE ST STE#1300 SANTA MONICA,CA 90405 ST LOUIS, MO 63101 1S126BC-91231 1S126BC-92022 MCBRIDE ZINA L NORCROSS STEVEN CARL&SANDRA L 212 STEEPLECHASE CIR 8949 SW FAIRVIEW PL WILMINGTON, DE 19808 PORTLAND,OR 97223 1S126BC-92071 1S135BB-00300 MCDONALD LINDA L OBIE MEDIA CORP 8944 SW FAIRVIEW PL 4211 W 11TH TIGARD, OR 97223 EUGENE,OR 97402 1S126BC-92042 1S126DC-04601 MCKENZIE ANNIE LEIGH O'DAY SUSIE&BRIAN LIV TRUST 8947 SW FAIRVIEW PL BY O'DAY FRANCIS B/SUSAN A TRS TIGARD,OR 97223 9970 SW GREENBURG RD TIGARD,OR 97223 1612613C-90051 1S126BC-00400 MCLAWHORN CHARLES E OLSON PETER G-TRUSTEE 8844 SW BRIGHTFIELD CIR BY PROGRESS SQUARE PARTNERS PORTLAND,OR 97223 770 TAMALPAIS DR#401B CORTE MADERA,CA 94925 1 S126CA-00100 1 S126BC-00500 MENASHE R BARRY OLSON PETER G-TRUSTEE 621 SW ALDER STE 605 BY GRAY COMPANY REALTY INC PORTLAND,OR 97205 520 SW YAMHILL STE#444 PORTLAND,OR 97204 1S126BC-91182 1' 6BC-00300 METZGER FLORIA A& OLSON ' TER • STEE FONSECA CYNTHIA BY PROG- QUARE PARTNERS PO BOX 445 770 ALPAIS D- 01B LAKE OSWEGO,OR 97034 ORTE MADERA,CA 94925 1S126BC-00100 1S135BA-01802 OLSON PETER G TRUSTEE PPR SQUARE TOO LLC BY NORMAN GENTRY BY BANK OF AMERICA 2099 GRAND ST BURR WOLFF LP ALEMEDA, CA 94501 PO BOX 2818 ALPHARETTA, GA 30023 1S127DA-00900 135BA-00100 OREGON DEPT OF TRANSPORTATION PP' QUARE T•r LLC R/W PROPERTY MGMT UNIT BY EP':" TAX-DEPT 108 C/0 LEASE:ADS INVESTMENT#32665 PO :0 49e: 355 CAPITAL ST NE RM 411 • OTTSDALE, •Z 85261 SALEM, OR 97301 1S126BC-01900 1 135BA-00101 OREGON DEPT OF TRANSPORTATION PP' QUARE TOO •LC BY LEASE: HALL BLVD#35347 BY EP'•PE- • TAX-DEPT 108 355 CAPITAL ST NE RM 411 PO BO •: SALEM, OR 97301 . SDALE, • 85261 1S126BC-91171 1S126BC-01000 ORPHEUS INC PPR WASHINGTON SQUARE LLC 14310 NW MCNAMEE RD BY ePROPERTY TAX-DEPT 108 PORTLAND,OR 97231 PO BOX 4900 SCOTTSDALE,AZ 85261 1 S126DC-04700 1 S126CB-00100 PHOENIX INNS LLC PPR WASHINGTON SQUARE LLC BY VIPS MOTOR INNS INC BY ePROPERTY TAX-DEPT 108 29757 SW BOONES FERRY RD PO BOX 4900 WILSONVILLE,OR 97070 SCOTTSDALE,AZ 85261 1S135BD-00100 1 600-00300 PLAZA WEST LLC PPR SHINGT SQUARE LLC BY NORRIS BEGGS&SIMPSON BY ePRO TAX-DEPT 108 121 SW MORRISON ST STE 200 PO B 900 PORTLAND,OR 97204 c TTSDALE,AZ 85261 1S126BC-92142 1S126C6-00300 POINDEXTER RENEE B PPR WASHINGTON SQUARE LLC 8937 SW FAIRVIEW PL BY WELLS FARGO BANK TIGARD, OR 97223 do ePROPERTYTAX-DEPT 303 PO BOX 4900 SCOTTSDALE,AZ 85261 1S126DB-00300 1 5BA-03600 PORTLAND CLINIC LLP PPR 9• HINGTON .•UARE LLC 800 SW 13TH AVE BY ePROPE'. AX-DEPT 108 PORTLAND,OR 97205 PO B• ••00 •TTSDALE,AZ 85261 1S126BC-92011 26BC-00900 POWELL JEFFREY L PP' ASHINGT• SQUARE LLC 8523 SW 52ND BY ePR•- TAX-DEPT 108 PORTLAND, OR 97219 PO : 4900 • OTTSDALE,A :5261 1S135BA-00102 6CB-00200 PPR SQUARE TOO LLC PPR 9 • HING ot SQUARE LLC BY EPROPERTY TAX-DEPT 108 BY ePROP -•Y TAX-DEPT 108 PO BOX 4900 PO ¢%' 4900 SCOTTSDALE,AZ 85261 OTTSDALE,AZ 8 261 1S12600-00301 1 126CA-00400 P WASHINGT SQUARE LLC PP' ASH, ON SQUARE LLC BY eP Y TAX-DEPT 108 BY eP-4,'•ERTY TAX-DEPT 108 PO 49 PO '•X49i: OTTSDALE,AZ 85261 OTTSDALE, • 85261 1S126CA-00600 1S126BC-90061 P ASHINGTO SQUARE LLC PRATT CLARICE H BY eP TAX-DEPT 108 8840 SW BRIGHTFIELD CIRCLE PO B 90 TIGARD,OR 97223 TTSDALE,AZ 85261 1 126CA-00800 1S126BC-91222 PP ASHING N SQUARE LLC PUTER CORPORATION BY ePR TY TAX-DEPT 108 PO BOX 337 PO 490 NEHALEM,OR 97131 OTTSDALE,A 85261 1 35BA-03500 1S135BB-00500 PPR • •SHINGT•N SQUARE LLC RAM/CASCADE CENTER LLC BY ePR. - TAX-DEPT 108 3998 SOUTHPOINTE DR PO B. •9,: EUGENE,OR 97405 •TTSDALE, -Z 85261 1S126CA-00700 1S126DC-08100 PPR WASHINGTON SQUARE LLC RANDOL JAMES D&DONNA M BY J C PENNEY 0288-1 9589 SW 92ND AVE TAX SERVICES PORTLAND,OR 97223 PO BOX 10001 DALLAS,TX 75301 1 126CD-00400 1S126BC-92102 PP- ASHING SQUARE LLC ROMANO JANICE BY ePR•: Y TAX-DEPT 108 8941 SW FAIRVIEW PL PO ' 4900 TIGARD,OR 97223 OTTSDALE,A 85261 S126CB-00400 1S126DC-01004 P WASHINGT SQUARE LLC ROTH JEFFREY A&BETTY A BY LS F GO BANK 9445 SW LEHMANN do eP RTYTAX-DEPT 303 TIGARD,OR 97223 PO X 4900 OTTSDALE,AZ 85261 1S126CD-00300 1S126BC-91262 PPR WASHINGTON SQUARE LLC SASU TRAIAN BY J C PENNEY 0288-1 8839 SW BRIGHTFIELD CR TAX SERVICES TIGARD,OR 97223 PO BOX 10001 DALLAS,TX 75301 1S126CD-00200 1 S126BC-92191 ASHING N SQUARE LLC SAXON CHRISTI R BY ePR TAX-DEPT 108 8932 SW FAIRVIEW PL#19 PO 4900 TIGARD,OR 97223 OTTSDALE,AZ 85261 IS126CC-00100 1S12600-00400 PPR WASHINGTON SQUARE LLC SEARS ROEBUCK AND CO C/O NORDSTROM DEPT 768TAX B2-116A ATTN:TAX DEPT 3333 BEVERLY RD PO BOX 2229 HOFFMAN ESTATES, IL 60179 SEATTLE,WA 98111 1S126BC-90041 1S126CA-00500 SEIDL HELEN L U S BANK 8848 SW BRIGHTFIELD CIR BY US BANK PROPERTIES TIGARD,OR 97223 2800 EAST LAKE ST MINNEAPOLIS, MN 55406 1S1268C-91242 1S135BA-03300 SJO INVESTMENTS INC UNIVERSUS 12482 SW BROOK CT BY STEVE ECOFF TIGARD, OR 97223 442 GLENWOOD DR OXNARD,CA 93030 1- 26BC-91151 1S126DC-04500 SJO VE ' ENTS INC VIP'S MOTOR INNS INC 1248 ►, :ROOK CT 29757 SW BOONES FERRY RD ARD, OR 7223 WILSONVILLE,OR 97070 1S126BC-91102 1S126BC-92122 STRYKER JOHN L WALKER JAMES W 8807 SW BRIGHTFIELD CIR 8939 SW FAIRVIEW PL#12 TIGARD, OR 97223 TIGARD,OR 97223 1 S135BB-00100 1S126DC-07300 SUBURBAN PROPANE LP WEEKS H&D LIFETIME TRUST ATTN. CARL J REMMES BY HOWARD B/DOROTHY M WEEKS TRS 240 RT 10 W 12900 SW 9TH ST#321 WHIPPANY, NJ 7981 BEAVERTON, OR 97005 1 S126DC-08700 1S 6DC-07500 TALLEY ROGER S& WE • H& ' ETIME TRUST BARBARA J BY HO "• B/DOROTHY M WEEKS TRS 10510 SW 30TH AVE 1290: SW 9T #321 PORTLAND,OR 97219 = AVERTON,OR 97005 1 S 126BC-91192 1S126DC-07600 TAYLOR LEE ANN KS H& D LI•ETIME TRUST 1630 SPRUCE AVE BY H•• •-• :/DOROTHY M WEEKS TRS CHICO,CA 95926 1290. -I 9 ST#321 AVERTON,0- •7005 15126BC-01100 1 126DC-07100 TEXACO REFINING & MARKETING INC WE H&D TIME TRUST BY EQUILON ENTERPRISES LLC BY HO • '• B/DOROTHY M WEEKS TRS SHELL OIL PRODUCTS US 12900 W 9 T#321 TAX DEPT PO BOX 4369 AVERTON,OR 97005 HOUSTON,TX 77210 1S126DC-01005 1' 6DC-07200 THOMAS HARRY WEE' H&D TIME TRUST 1783 NW 143RD AVE UNIT#17 BY HOWA:% B/DOROTHY M WEEKS TRS PORTLAND, OR 97229 1290• - 9T T#321 AVERTON,OR 97005 126DC-07900 1 6DC-07700 TIG OF WEE - &D TIME TRUST 131 ALL BLVD BY HOWA:s : DOROTHY M WEEKS TRS ARD, OR 97223 12904 • 9TH S •321 AVERTON, OR 97005 1 S 126DC-07400 KS H&D ETIME TRUST BY H• :-. B/DOROTHY M WEEKS TRS 12900 HST#321 AVERTON, 97005 1S126BC-01501 WHO'DA THUNK LLC BY BOB COOK 1005 HARBOR SW UNIT#600 SEATTLE,WA 98116 1S126BC-92202 WILLIAMS JOYA J 8931 SW FAIRVIEW PL TIGARD,OR 97223 1S126BC-01506 WISCO REAL ESTATE EQUITY FUND I LTD PARTNERSHIP BY WYSE INVESTMENT SRVS CO 111 SW FIFTH AVE STE 1100 PORTLAND,OR 97204 1S126BC-92151 WISTI ROBERT G 8936 SW FAIRVIEW PL TIGARD,OR 97223 1S126BC-91162 WOOD ALBERT E L/ALICE M PO BOX 402 ASTORIA,OR 97103 1 S126BC-91311 YANG ZHI ZHAN 8841 SW BRIGHTFIELD CIR TIGARD,OR 97223 Nathan and Ann Murdock Mildren Design Group PO Box 231265 Attn: Gene Mildren Tigard, OR 97281 7650 SW Beveland Street, Suite 120 Tigard, OR 97223 Sue Rorman Diane Baldwin 11250 SW 82nd Avenue 3706 Kinsale Lane SE Tigard, OR 97223 Olympia, WA 98501 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CPO 4M Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD - EAST INTERESTED PARTIES (i:\curpin\setup\labels\CIT East.doc) UPDATED: 21-Oct-05 CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT e 'A PLANNING DIVISIONy,.,li- 13125 SW HALL BOULEVARD CITY OF TIGARD TIGARD, OREGON 97223 Community(Devefopment PHONE: 503-639-4171 FAX: 503-684-7297 (Attn: Patty/Planning) Shap=ngitBttttrCommunity 1TiEST Tol 5OG• @@ Y OtAINM, MAI1J1X Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. 1S134AB, Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW: °\ L '2-( ao, oo 56) isiz& col-J (01 1S \ •` tS i 0-6,C -1002 Sco t PLEASE BE AWARE THAT ONLY 1 SET OF LABELS WILL BE PROVIDED AT THIS TIME FOR HOLDING YOUR NEIGHBORHOOD MEETING. After submitting your land use application to the City, and the protect planner has reviewed your application for completeness, you will be notified by means of an incompleteness letter to obtain your 2 final sets of labels. The 2 final sets of labels need to be placed on envelopes with first class letter-rate postage on the envelopes in the form of postage stamps (no metered envelopes and no return address) and resubmitted to the City. for the purpose of providing notice to property owners of the proposed land use application and the decision. The L sets of envelopes must be <ept separate. The person listed below will be called to pick up and pay for the labels when they are ready. NAME OF CONTACT PERSON: Ztc _ 2eaccv-■ PHONE: •28(0tg5 4-6 Q FAX: This request may be mailed, faxed or hand delivered to the City of Tigard. Please allow a 2-day minimum for processing requests. Upon completion of your request, the contact person will be called to pick up their request that will be placed in "Will CaIL' by their last name, at the Community Development Reception Desk. The cost of processing your request must be paid at the time of pick up, as exact cost can not be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED. Cost Description: $11 to generate the mailing list, plus$2 per sheet for printing the list onto labels (20 addresses per sheet). Then, multiply the cost to print one set of labels by the number of sets requested. *EXAMPLE* **COST FOR THIS REQUEST 4 sheets of labels x$2/sheet=$8.00 x 2 sets= $16.00 9 sheet(s)of labels x$2/sheet=/x sets= .�(P `16" 2 sheets of labels x$2/sheet for interested parties x 2 sets= $ 4.00 / sheet(s)of labels x$2/sheet for interested parties=$.,2 x (,(-- sets= '/ GENERATE LIST = $11.00 GENERATE LIST = TOTAL = $31.00 TOTAL = / CITY OF TIGARD 12/22/2005 13125 SW Hall Blvd. 1:36:22PM Tigard,Oregon 97223 °__.. (503) 639-4171 -- - Receipt #: 27200500000000006465 Date: 12/22/2005 Line Items: Case No Tran Code Description Revenue Account No Amount Paid M I SC Miscellaneous Fees&Charges-51.0000 @$1.0000 100-0000-451000 51.00 Line Item Total: $51.00 Payments: Method Payer User ID Acct./Check No.Approval No. How Received Amount Paid CreditCard RICHARD BEASON/REDMOND KJP 063471 In Person 51.00 TOWN CENTER Payment Total: $51.00 cReceipt.rpt Page 1 of 1 1S135BA-00102 . PPR SQUARE TOO LLC BY EPROPERTY TAX-DEPT 108 PO BOX 4900 SCOTTSDALE,AZ 85261 Nikkii PRE-APR HELD BY: CITY OF TIGARD PLANNING DIVISION 13125 SW HALL BOULEVARD TIGARD, OR 97223-81 REC E I V E D �r �L jIis 503.639.4171/503.684.7297 CITY OF TIGARD UUII.•1�1f�1 5 5 200 OREGON LAND USE PERMIT APPLICATION J CITY OF TIGARD File# S DR 20og-00042QOther Case# SO R zCdo3 - 00612. d'O/ENGINEERING Date Erma,5 By crVv P. Receipt# 272005- satoral City xii Urb Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR ❑Adjustment/Variance (I or II) ❑ Minor Land Partition (II) ❑ Zone Change (III) ❑ Comprehensive Plan Amendment (IV) ❑ Planned Development (III) ❑ Zone Change Annexation (IV) ❑ Conditional Use (III) ❑ Sensitive Lands Review (I, II or III) ❑Zone Ordinance Amendment (IV) ❑ Historic Overlay(II or III) XSite Development Review(II) MMD ❑ Home Occupation (II) ❑ Subdivision (II or III) LOCAL ION WHERE PROPOSED ACTIN/11Y WILL OCCUR(Address if available) 24 S NiNt \ J&ckt, Vor) Sva4e 1- TAX AP&TAX LOT NOS. \KISM A IS 1904001. TaZc 1 �XDO OI, - ,4-400 I OTAL SITE SIZE ZONING CLASSIF[CAI ION APPLICAN I* 1-44' r (c.k Cov► °`ti■,i MAILING ADDRESS/CI I Y/STATE/ZIP 401 WO skv e 'blvd . cu. Movkic.el l C-A et O 4-6 PHONE NU. FAX NO. 3 LO a- 14- Cocoo �- 661 15-F7 PRIMARY CON fAC I PERSON PHONE NO. P c•v-- 0sovl 2O(o l`r s 4$S a PROPER 1 Y OWNER/DEED HOLDER(Attach list if more than one) PPR WaskP� 'Sc\are, 1J-6-- MAILING ADDRESS/CI IY/S FATE/LIP I \AM sk Ore— 'a V CA �at 4-40v1 I CA c..p °l 0 ) PHONe NO. FAX NO. *LO " 6,000 i *When the owner and the applicant are different people, the applicant must be t purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The ners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY(}ease be specific) W y (i C _,] , __ _ c- '..� :.PAb `3Q 4. 0 --x0 0O 2- ;.►.► - 1, -jo3 APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. i THE APPLICANT SHALL CERTIFY THAT: ♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, map be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. g(a; ev..1 i-44e 1.40/2*/C5 O er's Signature Jrl Camixitill Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Applicant/Agent/Representative's Signature Date Applicant/Agent/Representative's Signature Date CITY OF TIGARD 10/26/2005 13125 SW Hall Blvd. 2:46:37PM •ii,:\ Tigard,Oregon 97223 "__� (503)63 9-417 1 Receipt #: 27200500000000005493 Date: 10/26/2005 Line Items: Case No Tran Code Description Revenue Account No Amount Paid SDR2005-00009 [LANDUS] SDR Under$1,000,000 100-0000-438000 3,646.00 , SDR2005-00009 [LRPF]LR Planning Surcharge 100-0000-438050 538.00 ' Line Item Total: $4,184.00 I Payments: 7 Method Payer User ID Acct./Check No.Approval No. How Received Amount Paid Check PPR WASHINGTON SQUARE DEB 22794 In Person 4,184.00 LLC Payment Total: $4,184.00 cReceipt.rpt Page 1 of 1 MAJOR MODIFICATION OF SITE DEVELOPMENT REVIEW (SDR) FOR SDR 2003-00012 WASHINGTON SQUARE MALL EXPANSION Submitted by: MACERICH COMPANY On October 25, 2005 Prepared by: Gregory S. Hathaway Davis Wright Tremaine LLP 1500 SW Fifth Avenue, Suite 2300 Portland, Or 97204 MAJOR MODIFICATION OF SITE DEVELOPMENT REVIEW(SDR) FOR SDR 2003-00012 WASHINGTON SQUARE MALL EXPANSION INTRODUCTION The City of Tigard approved SDR 2003-00012 for the expansion of Washington Square on December 24, 2003 and it became effective January 10, 2004. See Tab 1, attached to this request. The City's approval granted an expansion of Washington Square for a 198,494 square foot expansion of retail space to the Washington Square Mall, as well as a 197,930 square foot two-level parking garage west of the proposed expansion, and a 161,490 square foot four-level parking garage to the south of the expansion. The City's approval was subject to nineteen (19) conditions of approval, including a requirement to dedicate right-of-way along the frontage of SW Greenburg Road. The City's decision addressed the requirements of Section 18.390.040 of the City's Community Development Code. This section provides that an applicant shall provide an impact study to quantify the effect of development on public facilities and services. This section also provides that where the dedication of real property interests is required, that an applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. In this case, the City's decision identified the off-site exactions imposed on Washington Square and estimated the value of these exactions. In the case of the dedications required on Greenburg Road, the City's decision estimated the value of the exaction to be $130,500. Based on the City's decision, the overall relationship between the estimated value of the proposed improvements/exactions ($340,501) and the unmitigated impact of the project on the transportation system ($632,570) allowed the City to conclude that"[Als the value of the proposed improvements is less than the remaining unmitigated impact; it is clearly proportional to exact these improvements". After the decision was rendered by the City, the Applicant's representatives meet with the City to determine the best manner of determining the actual value of the dedications on Greenburg Road to ensure that the City's exactions were not disproportionate to the unmitigated impacts of the project. Based on these discussions, the Applicant and City staff agreed that the Applicant would retain an PDX 1337768v1 51058-1 1 appraiser to determine the actual value of the dedications on Greenburg Road. Based on an appraisal conducted by Integra Realty Resources dated February 11,2005, the values of the dedications are $731,836, an amount in excess of the City's estimated value in its decision by $575,386. This appraisal has been previously provided to the City. As a result, the overall value of the improvements required by the City in its decision is more than the defined unmitigated impact of the expansion, in the amount of$342,419. ($632,570-$974,989={$342,419}). See Tab 2,calculation table Based on the fact that the City's decision is disproportionate to the impacts of the project, City staff and the Applicant's representatives have discussed over the past 6 months how to make the City's decision proportionate to the impacts of the project. Mostly recently, the City staff and the Applicant's representatives met at the City on September 15, 2005 at a pre-application conference to discuss how to proceed. The result of these discussions is that the most appropriate manner of addressing this issue is for the Applicant to file a Major Modification of Site Development Review (SDR) for the Washington Square Expansion (SDR 2003-00012) by requesting that the condition requiring dedications along the frontage of Greenburg Road (Access Roads 6 and 7,Square Too) be deleted. This requested modification, if granted, will make the overall value of the improvements required by the City proportional to the unmitigated impacts of the project ($974,989-$344,231=$630,758). See, Tab 2, calculation graphic. THE NATURE OF THE REQUEST This request for a Major Modification to SDR 2003-00012 is made pursuant to Section 18.360.050. This Section provides that a Major Modification may be requested if an Applicant provides three (3) copies of the request and a narrative which indicates the rationale for the proposed modification addressing the changes listed in Section 18.360.050 B. Section 18.360.050 B. 11 specifically provides that an Applicant may request a modification to a condition of approval so long as the condition is not the subject of Section 18.360.050 B. 1-10. In this case, the modification request is for the deletion of that portion of Condition 4C relating to the dedications along the frontage of Greenburg Road (Access Roads 6 and 7,Square Too). The deletion of a dedication condition is not the subject of items 1-10 in Section 18.360.050 B. APPROVAL CRITERIA FOR MAJOR MODIFICATION REQUEST The approval criteria for a Major Modification is governed by Section 18.360.090. Based on this specific request to delete the condition relating to the dedication along the frontage of Greenburg Road (Access Roads 6 and 7, Square Too) to ensure proportionality, all of the approval criteria set forth in Section 18.360.090 continue to be satisfied as previously determined by the City in it's decision in SDR PDX 1337768v1 51058-I 2 2003-00912 Thesieletion of this dedication condition relating to Greenburg Road does not alter the City's previous findings of compliance with these approval criteria. FEES The fee in the amount of$4,184 is being transmitted to the City of Tigard by Macerich Company with this application. CONCLUSION Based on the above, the Applicant respectfully requests the City to approve this request for a Major Modification to SDR 2003-00012 and delete that portion of Condition 4C relating to the dedication of frontage along Greenburg Road (Access Roads 6 and 7, Square Too). If deleted, the value of the proposed improvements for the expansion of Washington Square will be proportional to the unmitigated impacts of the expansion. PDX 1337768v1 51058-1 3 Washington Square Expansion Original Total TIF Calculation Phase Leaseable Area City TIF Unmitigated Impact 32.82*Area"$64 (TIF/0.32)-TIF Original Estimate 141,720 $297,680.03 $632,570.05 3 d a wa e Yr s � �3 .,,.., 0�MU Unmitigated Impact Dedications Orig.Estimate Area SF Improv.Cost Dedication$ Total Hall Blvd.Rd#2 $26,220.00 1172 $0.00 $30,472.00 $30,472.00 Hall Blvd. Rd#3 Incld.$Above 1460 $0.00 $37,960.00 $37,960.00 Greenburg Rd#4&5 $130,500.00 3250 $217,773.00 $84,500.00 $302,273.00 Sub-Total WaSq $217,773.00 $152,932.00 $370,705.00 Scholls Ferry Dedication $0.00 $0.00 $0.00 Greenburg/Sq.Too Rd#6&7 Incld.$Above 4946 $215,635.00 $128,596.00 $344,231.00 Appriasal(w/o Legal) $9,400.00 $9,400.00 Design/Legal Descrip. for above $7,500.00 $7,500.00 TOTAL DEDICATION APPRP $156,720.00 10828 $450,308.00 $281,528.00 $731,836.00 Unmitigated Impact Improvements List per SDR Original SDR Actual Estimate Improv.Cost Signal Timing Evaluation $50,000.00 $0.00 Not required by County/ODOT Sidewalk on Scholls Ferry $53,438.00 $147,000.00 Actual Const. Cost Bike Lane Striping $6,343.00 $4,153.00 Check due to City Transit Center Improvements $74,000.00 $71,000.00 Added ODOT at Hall Blvd. $21,000.00 TOTAL IMPROVEMENT COE $183,781.00 $243,153.00 TOT/U.T1 Es $34001100 $974,989.00 Actual Phased Occu m anc Calculatio , 2005 First Floor 76602 $160,900.97 $341,914.56 2005 Upper Storac 12000 $25,205.76 $53,562.24 (Total 2005 Area 88602 $186,106.73 $395,476.80 Actual Total 2005 100499 $223,761.91 $475,494.05 Future 2nd Level 38000 $79,818.24 $169,613.76 Future FdCourt C( 6233 $13,092.29 $27,821.12 New Total 132835 $279,017.26 $592,911.68 NOTICE OF TYPE II DECISION SITE DEVELOPMENT REVIEW (SDR) `'"' ' ' W ( R) 2003-00012 ,� ��_ CITY OF TIGARD WASHINGTON SQUARE MALL EXPANSION CommunityDeve(opment S hoping A Better Community (Includes a 20-day extension) 120 DAYS = 3/3/2004 SECTION I. APPLICATION SUMMARY FILE NAME: WASHINGTON SQUARE MALL EXPANSION CASE NO.: Site Development Review (SDR) SDR2003-00012 PROPOSAL: The applicant is requesting Site Development Review for a 198,494 square foot expansion of retail space to the Washington Square Mall, as well as a 197,930 square foot two-level parking garage west of the proposed expansion, and a 161,490 square foot four-level parking garage to the south of the expansion. APPLICANT: Macerich Company APPLICANT'S W&H Pacific, Inc. do Rick Beaton REP.: do Brady Berry 16495 NE 74`h Street 9755 SW Barnes Rd., Suite 300 Redmond, WA 98052 Portland, OR 97225 OWNER: PPR Washington Square LLC do Chuck Davis 401 Wilshire Boulevard, #700 Santa Monica, CA 90401 LOCATION: 9585 SW Washington Square Road; WCTM 1S12600, Tax Lots 300, 301 and 400; 1S126CO3 Tax Lot 1107; 1S126BC, Tax Lot 900; 1S126CB, Tax Lots 100 and 500. ZONE: MUC: Mixed-Use Commercial District. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 unites per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.630, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section VI. NOTICE OF TYPE II DECISION SDR2003-000121WASHINGTON SQUARE EXPANSION PAGE 1 OF 43 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF SITE/BUILDING PERMITS: Submit to the Planning Division (Morgan Tracy, 639-4171, ext. 2428) for review and approval: 1. Revised Building Elevations/Plans (Retail Shell Building) A. Prior to issuance of building permits for the retail shell building, the applicant shall submit revised building elevations that show that the building façade does not extend for more than 300 feet without a pedestrian connection between or through the building and that the plain concrete materials shown on the plans will be of an alternate material or surfaced with an alternate material. B. Prior to issuance of building permits for the retail shell building, the applicant shall provide plans that must be implemented to ensure that any mechanical rooftop equipment will be setback from the roof edge 3 feet for each foot in the equipment's height. 2. Revised Landscape/Tree Plan. A. Prior to issuance of building permits for each phase (parking structure, shell retail building), the applicant shall submit revised landscape plans that show: Additional trees planted at appropriate spacing in front of the "west parking structure" and loading screen walls to soften this elevation; ii. Additional trees planted in 5 new parking lot landscape islands along the ring road north of the proposed "west parking structure"; and iii. An additional landscape island in the middle of the row of parking along the northern edge of the "south parking structure" to provide one additional tree. B. Prior to issuance of building permits for each phase (parking structure, shell retail building), the applicant shall submit a revised landscape plan that shows landscape islands with trees to allow for ample soil volume (based on the American Institute of Architecture Architectural Graphic Standards) so the trees can grow to maturity in a relatively healthy state. The applicant shall provide in the landscape documents methods for irrigation. Selection of tree species shall be revised so that Acer platanoides "Columnar Broad" (Parkway Maple) is replaced with a more appropriate species for parking lots. C. Prior to issuance of building permits for each phase (parking structure, shell retail building), the applicant shall submit revised landscape plans that show all trees planted will be a minimum 21/2 inch caliper size. D. Prior to issuance of building permits for the shell retail building, the applicant shall submit revised site and/or landscape plan that identifies the location, material and height of the trash enclosure that meets the requirements of Section 18.745.050(E)(4). Detailed plans will be required, and additional screening may be required, as necessary, to ensure compliance with this standard. The applicant's revised plan will need to identify the material and height of the enclosure. E. Prior to issuance of building permits for each phase (parking structure, shell retail building), the applicant shall submit a revised tree protection program that includes the following requirements: Submit a site plan that shows the areas of tree protection fencing, established at the edge of the landscape island. This Tree Protection Zone shall remain undisturbed and free of stored materials, debris, equipment, or fill. If the Tree Protection Zone is violated, or the trees are damaged, the applicant shall contact the City Forester (Matt Stine) prior to conclusion of the business day. If the city is not promptly notified, the City may stop work on the project, until a satisfactory resolution is made and assurances NOTICE OF TYPE II DECISION SDR2003-00012IWASHINGTON SQUARE EXPANSION PAGE 2 OF 43 are in place to prevent further violations. The City Forester shall assess the encroachment or damage and determine whether the tree should be removed or treated. If treatment is required, the applicant shall hire an ISA Certified Arborist to prepare and implement a treatment plan immediately. If replacement is required, the applicant shall be responsible for replacing the tree following the guidelines as specified in TDC 18.790.060 (D) prior to final building inspection. 3. Revised Site Plan. A. Prior to issuance of building permits for the retail shell building, the applicant shall submit site plans that show the width of existing and proposed walkways, correcting any existing deficiencies to meet the 4-foot minimum width with hard surfaced paving material and closing all gaps within the interior walkway system including the small gap along the access driveway next to Les Schwab. Moreover, these plans shall dimension the length of any parking aisle crossings, and provide pedestrian refuge areas for any crossing that exceeds 36 feet. B. Prior to issuance of building permits for either phase (parking structure, shell retail building), the applicant shall submit revised site plans that show a 10' wide sidewalk along the east side of Scholls Ferry Road along the project frontage, between the Mall ring road exit and the Scholls Ferry/Hwy. 217 overcrossing, or alternately provide documentation that such sidewalk is not warranted by ODOT. C. Prior to issuance of building permits for either phase (parking structure, shell retail building), the applicant shall submit revised site plans that show 5 of the proposed new parking spaces reserved for carpool/vanpool parking. These spaces shall be located as close to the building entrances as possible, second in priority to American Disabilities Act (ADA) parking. D. Prior to issuance of building permits for each phase (parking structure, shell retail building), the applicant shall submit revised site plans that show the compact parking spaces striped and marked as "compact" or with a large "C". These site plans shall also show typical dimensions for the parking spaces in conformance with these standards. There is a row of parking spaces along the south edge of the west parking structure and along the north edge of the south parking structure that front a landscape area. These parking spaces will require wheel stops located three feet back from the front of the stalls. E. Prior to issuance of building permits for the retail shell building, the applicant shall submit a revised site plan that shows 60 bicycle rack spaces provided for the proposed building. If the Mall already provides 357 bike parking spaces, no additional bike spaces will be required. An elevation detail showing the design of the bike rack is also required. F. Prior to issuance of building permits for the retail shell building, the applicant shall submit plans or documents detailing the location and size of the recyclables storage area, as well as the comprehensive recycling methods that will be used, as specified in Tigard Development Code (TDC) Section 18.755.050. 4. Street Improvements. A. Prior to issuance of building permits for either phase (parking structure, shell retail building), the applicant shall provide the City with new Access Road approach permits or waivers of this requirement from ODOT, for SW Hall Boulevard and SW Scholls Ferry Road. Alternatively, the applicant may provide the City a hold harmless/indemnification agreement releasing liability from ODOT and the City regarding any loss or damage associated with proceeding with the project in the absence of the issuance or non-issuance of these Access Road approach permits. B. Prior to issuance of the first building permit, the applicant shall provide funds (presently estimated at $4,153.00) for future striping of the future bike lane on SW Greenburg. NOTICE OF TYPE II DECISION SDR2003-00012/WASHINGTON SQUARE EXPANSION PAGE 3 OF 43 C. Prior to issuance of building permits for either phase (parking structure, shell retail building), the applicant shall dedicate right-of-way, as necessary along the frontages of SW Hall Boulevard and SW Greenburg Road to make the total right- of-way width 52 feet from centerline. The applicant may alternatively enter into an agreement with the city to provide the right of way prior to final building inspection. D. Prior to issuance of building permits for either phase (parking structure, shell retail building), the applicant shall satisfy the requirements of Section I of Washington County's Land Use and Transportation Department's letter dated November 14, 2003 (and repeated at the end of this decision under "Agency Comments") and provide written confirmation from the county that their requirements have been satisfied. 5. Tualatin Valley Water District (TVWD). Prior to issuance of building permits for each phase (parking structure, shell retail building), the applicant shall acquire all necessary approvals from TVWD. 6. Suite Layout/Addresses. Prior to issuance of building permits for the retail shell building, the applicant shall provide a suite layout map so suite numbers can be assigned. The addressing fee ($50 per address) will then be calculated based upon the number of suites that must be addressed. In multi-level structures, ground level suites shall have numbers preceded by a "1", second level suites shall have numbers preceded by a "2", etc. 7. Tualatin Valley Fire & Rescue (TVF&R). Prior to issuance of building permits for each phase (parking structure, shell retail building), the applicant shall coordinate with TVFR with regard to fire suppression needs, fire hydrant placement, and other structural modifications as necessary to meet the Uniform Fire Code. Some of these considerations are stated under "Agency Comments" at the end of this decision. The applicant shall include written findings from TVFR with the building permit application submittal. 8. Police. Prior to issuance of building permits for each phase (parking structure, shell retail building), the applicant shall submit a letter from the Police Department consenting to the general architectural design of the structures with regard to CPTED (Crime Prevention Through Environmental Design) elements. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL BUILDING INSPECTION: Submit to the Planning Division (Morgan Tracy, 639-4171, ext. 2428) for review and approval: 9. Prior to final building inspection of any building, the applicant shall evaluate and develop signal timing improvements as may be required by ODOT and Washington County on Greenburg Road between Highway 217 and the Washington Square Mall (217 off-ramp, Access Road #7, and Locust Street intersections). Alternatively, the applicant may provide documentation from ODOT that such signal timing improvements are not warranted. 10. Prior to final building inspection of any building, the applicant shall have completed construction of the sidewalk along SW Scholls Ferry Road or have provided evidence from ODOT that this sidewalk is not required. 11. Prior to final building inspection of any building, the applicant shall have completed the dedication of right of way for SW Greenburg Road. NOTICE OF TYPE II DECISION SDR2003-00012NVASHINGTON SQUARE EXPANSION PAGE 4 OF 43 12. Prior to final building inspection for each phase (parking structure, shell retail building), the applicant shall submit a detailed security plan that includes parking, structure interior design, pedestrian bridge design, lighting, and other CPTED (Crime Prevention Through Environmental Design) elements with the Tigard Police Department's approval. Modifications resulting from this security plan shall be incorporated into the building(s). 13. Prior to final inspection of the retail shell building, the applicant shall have completed the walkway improvements as indicated in their revised site plan. 14. Prior to final building inspection of any building, the applicant shall satisfy the requirements of Section II of Washington County's Land Use and Transportation Department's letter dated November 14, 2003 15. Prior to final building inspection for each phase (parking structure, shell retail building), the applicant shall submit to the City Forester a final certification indicating the elements of the Tree Protection Plan were followed and that all remaining trees on the site are healthy, stable and viable in their modified growing environment. If any tree (or trees) is determined to be unhealthy, unstable or not able to survive the trauma caused by the construction activities, the City may pursue further appropriate measures, which may include tree replacement. 16. Transit Improvements. A. Prior to final building inspection for the retail shell building, the applicant shall coordinate with Tri-Met to finalize new bus routes to the Mall that reduce conflicts between cars and buses on Mall property. The applicant shall be responsible for the cost of any new bus stops and amenities necessary to support the new route(s). B. Prior to final building inspection for the retail shell building, the applicant shall sign a consent to allow Tri-Met to place a port-a-potty at the transit center. This facility will be locked and available for use by Tri-Met personnel only. If the applicant desires a more permanent structure, Tri-Met will work with the applicant to produce an agreeable design, provided the applicant bears the cost of construction over and above the cost of a port-a-potty facility. C. Prior to final building inspection for the retail shell building, the applicant shall coordinate with Tri-Met to determine the two best locations and types of display to provide real-time bus arrival information to Mall patrons and employees. The display inside the Mall will require a high speed internet connection. The applicant will assist Tri-Met in the installation of the two information displays and ensure their continued operation. The applicant shall bear the cost of these improvements. D. Prior to final building inspection for the retail shell building, the applicant shall provide a letter from Tri-Met indicating that the above stated Transit Improvements have been completed to their satisfaction. 17. Prior to final building inspection for each phase (parking structure, shell retail building), the applicant shall submit a letter certifying that the relevant conditions contained in this decision (#1-14) have been satisfied, and that the site improvements are in substantial compliance with the application materials reviewed and approved by this decision. NOTICE OF TYPE II DECISION SDR2003-00012/WASHINGTON SQUARE EXPANSION PAGE 5 OF 43 THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO INSTALLING ANY SIGNAGE: Submit to the Planning Division (Morgan Tracy, 639-4171, ext. 2428) for review and approval: 18. Prior to installing any signage (tenant or primary), the applicant shall submit sign permit applications for review and approval. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF TENANT IMPROVEMENT PERMITS: Submit to the Planning Division (Morgan Tracy, 639-4171, ext. 2428) for review and approval: 19. Prior to issuance of tenant improvement permits for tenants located along the exterior wall of the expansion, applications shall include revised building elevations that show: A. A minimum of 2,100 square foot window area for the entire proposed exterior facade of the expansion area. Such window area shall be inclusive of all glazing (including mall entrances) from grade to the roof parapet. Applications for tenant improvements shall include an elevation of the entire expansion area showing existing window areas, proposed window area, and future window area to meet the 2,100 square foot requirement. It is the burden of the applicant to assure that the 2,100 square feet can be provided. Should the final tenant apply with inadequate window area provided, the City shall not grant a permit for said tenant improvement. B. Façades shall extend no more than 50 feet without providing at least one of the following features: (1) a variation in building materials; (2) a building off-set of at least 1-foot; (3) a wall area that is entirely separated from other wall areas by a projection, such as an arcade; or (4) by another design feature that reflects the building's structural system. No building façade shall extend for more than 300 feet without a pedestrian connection between or through the building. C. Plain concrete block, plain concrete, corrugated metal, plywood, sheet press board or vinyl siding may not be used as exterior finish materials. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18) MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site History: Staff conducted a search of City records for the subject property and found numerous other land use cases for the Washington Square Mall- properties. The Mall was originally constructed in unincorporated Washington County prior to the area being annexed. A modification to remove the sidewalk requirement along the west side of the Target property was approved in 1987 (SDR87-17). A Minor Land Partition was approved in 1987 (MLP 87-10) to divide off an area for the Target Store approved under SDR 93-00025). An expansion to the Mall occurred in 1991 (SDR1991-00020) which added 180,000 square feet for the relocation of the Nordstrom's Department Store. A variance was granted in 1993 (VAR 93-00005) to reduce the parking space dimensional standards for the entire Mall site the same year the City approved the construction of the Cucina! Cucina! restaurant (under SDR 1993-00021). A minor modification was approved in 1998 to construct a small, 2,025 square foot, maintenance building in the Mall parking lot. In 1999, a Site Development Review to construct a 60-foot tall telecommunications monopole was approved (SDR 1999-00012). None of these prior applications affects the present application, with the possible exception of the parking dimension variance; however, the present application is proposing parking spaces that meet present standards. In September 1999, the Washington NOTICE OF TYPE II DECISION SDR2003-00012/wASHINGTON SQUARE EXPANSION PAGE 6 OF 43 Square Regional Center Plan was adopted which changed the zoning on the site from C-G (General Commercial) to MUC (Mixed-Use Commercial), imposed design guidelines, and created policies for providing capital facilities to support the regional center. Vicinity Information: The subject site is located within the Washington Square Mall area, between Highway 217, SW Hall Boulevard, and SW Greenburg Road in the Washington Square Regional Center area. The site is bordered on the north and west by the City of Beaverton, on the south by Mixed Use Commercial (MUC) zoned properties, and to the east lies the Crescent Grove Cemetery (zoned R-4.5) and other properties with Mixed Use Employment-1 (MUE-1) zoning. The area proposed for development impact is on the west side of the Mall, facing Highway 217. Site Information and Proposal Description: The applicant is requesting Site Development Review for a 198,494 square foot expansion of retail space to the Washington Square Mall, as well as a 197,930 square foot 2-level parking garage west of the proposed expansion, and a 161,490 square foot 4-level parking garage to the south of the expansion. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET No letters or comments were received from nearby property owners. SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA The proposal's consistency with these Code Chapters is reviewed in the following sections: A. Zoning Districts 18.520 Commercial Zoning Districts B. Applicable Development Code Standards 18.630 Washington Square Regional Center Design Standards 18.705 Access Egress and Circulation 18.725 Environmental Performance Standards 18.745 Landscaping and Screening 18.755 Mixed Solid Waste and Recyclable Storage 18.765 Off-Street parking and loading requirements 18.780 Signs 18.790 Tree Removal 18.795 Visual Clearance C. Specific SDR Approval Criteria 18.360 D. Street and Utility Improvement Standards 18.810 E. Decision Making Procedures 18.390 Impact Study SECTION VI. APPLICABLE DEVELOPMENT CODE STANDARDS A. ZONIING DISTRICTS Commercial Zoning District: Section 18.520.020 Lists the description of the Commercial Zoning Districts. The site is located in the MUC: Mixed-Use Commercial zoning district. The proposed use, general retail space, is outright permitted in the zone. The present use of the site includes retail and restaurant uses which are likewise permitted in the zoning district. NOTICE OF TYPE II DECISION SDR2003-00012NVASHINGTON SQUARE EXPANSION PAGE 7 OF 43 Development Standards: Section 18.520.040.B States that Development standards in commercial zoning districts are contained in Table 18.520.2 below: TABLE 18.520.2 DEVELOPMENT STANDARDS IN COMMERCIAL ZONES STANDARD MUE Proposed Minimum Lot Size None 4,084,117 s.f. - Detached unit - -Boarding, lodging, rooming house Minimum Lot Width None >73 ft. Minimum Setbacks -Front yard 0'min/10'max 755' [1] -Side facing street on corner&through lots - - -Side yard 0'min/10'max 560'&600' [2] -Side or rear yard abutting more restrictive zoning district - -Rear yard 0 ft 70' -Distance between front of garage & property line abutting a public -or private street. Minimum Height 2 stories 2 stones Maximum Height 200 ft 60 ft. Maximum Site Coverage 85% 86% [3] Minimum Floor Area Ratio 1.25 0.30[4] Minimum Landscape Requirement 15% 14% [3] [1] For purposes of this review, SW Greenburg Road is considered the fronting street. The present front yard setback is non conforming with respect to this standard. The expansion is occurring in the rear yard and will not increase the degree of this non conformity. [2]For purposes of this review,the side yard is defined by the Hwy.2 17 right-of-way on the south,and the property line separating the mall from Target Stores on SW Hall Boulevard. These side yard setbacks are non-conforming with respect to this standard. The expansion is occurring in the rear yard and will not increase the degree of this non conformity. [3]The amount of existing landscaping on site is presently at 14%. The degree of this non-conformity will be decreased by providing an additional 642 square feet(14.02%total)of landscaping as part of this proposal. [4]The minimum floor area ratio standard is presently 0.25. The degree of this non-conformity will be decreased by the 198,494 square foot(.05) expansion as a result of this proposal. As demonstrated in the table above, there are elements of the site that are non-conforming with regard to the development standards. This non-conformity is permissible per TDC Section 18.760.060(0)1. Since the proposed expansion will conform or will bring the development closer into conformance with these development standards, the applicant's plans comply with the dimensional standards of the MUC zone. FINDING: Based on the analysis above, the underlying zone's development criteria have been satisfied. B. APPLICABLE DEVELOPMENT CODE STANDARDS Washington Square Regional Center Design Standards (18.630) Design standards for public street improvements and for new development and renovation projects have been prepared for the Washington Square Regional Center. These design standards address several important guiding principals adopted for the Washington Square Regional Center, including creating a high-quality mixed use area, providing a convenient pedestrian and bikeway system, and utilizing streetscape to create a high quality image for the area. 1 No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity but any structure or portion thereof may be enlarged or altered in a way that satisfies the requirements of this title or will decrease its nonconformity NOTICE OF TYPE II DECISION SDR2003-00012NVASHINGTON SQUARE EXPANSION PAGE 8 OF 43 All new developments, including remodeling and renovation projects resulting in new non single family residential uses are expected to contribute to the character and quality of the area. In addition to meeting the design standards described below and other development standards required by the Development and Building Codes, developments will be required to dedicate and improve public streets, connect to public facilities such as sanitary sewer, water and storm drainage, and participate in funding future transportation and public improvement projects necessary within the Washington Square Regional Center. The following design standards apply to all development located within the Washington Square Regional Center within the MUC, MUE and MUR zones. If a standard found in this section conflicts with another standard in the Development Code, standards in this section shall govern. Phasing of Development Standards: Projects may use the Site Development Review process (Chapter 18.360) to develop a site by phasing compliance with the development standards established in this Chapter. Such projects must demonstrate how future development of the site, to the minimum development standards established in this Chapter or greater, can be achieved at ultimate build out of the site. The Planning Director may waive or modify the approval period (Section 18.360.030.C) and phased development time schedule (Section 18.360.030.E.1) for projects approved under this section. If a time period greater than that specified in Section 18.360.030.0 is necessary, it must be requested at the time of original application with a detailed time line for corn pletion. The application proposes a 2-phase completion of the proposed improvements, as described further in the Site Development Review Standards. The first phase will include relocation of the utilities and construction of as 4-level, 575 space parking garage (south parking structure). The second hase will complete a second 2-level, 450 space parking garage (west parking structure) along with the 198,494 square foot retail expansion. The completion date for both phases is planned for 2006. The applicant has not proposed a phasing plan that will obtain ultimate compliance with the standards in this chapter. The applicant argues that such a plan is part of a much larger redevelopment concept for the site, and further, full compliance is not required for this project as addressed under Section 18.630.030, pre-existing uses. Base development standards are being met or being brought into closer compliance with the proposal. Pre-Existing Uses and Developments: Chapter 18.630.030 states that notwithstanding the provisions of Section 18.760.040, uses prohibited and structures that would be nonconforming in any of the Regional Center Mixed Use zoning districts that were lawfully in existence at the time of adoption of the Regional Center Nixed Use districts are considered to be approved uses and structures. However, future additions, expansions, or enlargements to such uses or structures, shall be limited to the property area and use lawfully in existence at the time of adoption of this ordinance, February 22, 2002. An addition, expansion or enlargement of such lawfully preexisting uses and structures up to twenty (20%) of the gross floor area lawfully in existence at the time of adoption of this ordinance will be allowed provided the applicant of such proposed addition, expansion or enlargement demonstrates substantial compliance with all appropriate development standards in this code, or that the applicant demonstrates that the purposes of applicable development standards are addressed to the extent that the proposed addition, expansion or enlargement allows. All additions, expansions, or enlargements of existing uses or structures that take place after using the 20 percent addition, expansion, or enlargement exception shall be in conformance with the development standards of this code. Projects may use the site development review process (Chapter 18.360) to develop a site by phasing compliance with the development standards established in this chapter per Section 18.630.020.C. NOTICE OF TYPE II DECISION SDR2003-00012/WASHINGTON SQUARE EXPANSION PAGE 9 OF 43 The proposed development is an expansion to the existing Washington Square Mall. The existing Mall and surrounding other retail buildings on the project site have an approximate gross floor area of 992,882 SF. This floor area includes all anchor stores, retail buildings, restaurants, and cinema building, but does not include the Meier & Frank and Sears anchor stores. The proposed expansion is a 2-story expansion of approximately 198,494 SF of gross floor area. This constitutes a 19.99% expansion to the existing Mall. The matrices below provide the detail of the existing and proposed square footages. Existing Mall Building Gross Floor Area SF Nordstrom 180,000 JC Penney 210,585 Mervyn's 89,309 Meier & Frank Excluded Sears Excluded Specialty Shop Space 304,959 Common Area 174,164 Second level Mervyns storage 25,505 Mezzanine 8,360 Total 992,882 Building Expansion Gross Floor Area SF 1st floor 106,710 2nd floor (Phase II)* 77,446 Overbuild connection to food 14,338 court** Total 198,494 % Building Area Increase SF Existing,Building Floor Area 992,882 Expansion Building Floor Area 198,494 % Expansion 19.99% As the proposal represents less than a 20% expansion, only substantial compliance is required. The applicant may deviate from the standards only to the extent that the improvements that are made will decrease the degree of non-conformity or will not result in further non-compliance. It shall be noted that there are only 82 square feet of expansion area remaining before full compliance with the Washington Square Regional Center Standards would be required. This does not ertain to Meier and Frank or the Sears buildings which may still utilize up to 20% expansion of their current square footage, as they are excluded from this proposal. Section 18.630.040 requires a way for creating continuity and connectivity within the Washington Square Regional Center (WSRC). The primary objective is to create a balanced, connected transportation system that distributes trips within the WSRC on a variety of streets. The connectivity standards may be satisfied by either of two options: 1. Design Option. a. Local street spacing shall provide public street connections at intervals of no more than 530 feet. b. Bike and pedestrian connections on public easements or right-of-way shall be provided at intervals of no more that 330 feet. 2. Performance Option. a. Local street spacing shall occur at intervals of no less than eight street intersections per mile. b. The shortest vehicle trip over public streets from a major building entrance to a collector or greater facility is no more than twice the straight-line distance. NOTICE OF TYPE II DECISION SDR2003-00012M/ASHINGTON SQUARE EXPANSION PAGE 10 OF 43 c. The shortest pedestrian trip on public right-of-way from a major building_entrance to a collector or greater facility is no more than one and one-half the straight-line distance. The project fronts SW Greenburg Road for approximately 3,325 feet or 63% of a mile. Sixty-three percent of 8 is 5 intersections. There are 10 intersections along the site's Greenburg frontage, but 4 of these are classified as either freeway, arterial, or collector. Still the standard is met by the six other public and private local streets. The shortest vehicle trip over public streets from the site to a collector or greater facility is 0 feet which is not more than twice the straight line distance of zero feet. The project has additional frontage on SW Hall Boulevard but this frontage is limited to the area for private access roads. Analyzing just the area of the expansion, if the Mall ring road were public, the distance (both vehicular and pedestrian) to SW Scholls Ferry Road from the proposed expansion main entrance would be approximately 1,600 feet, where the straight line distance would be approximately 1,400 feet. The site is bordered by a major freeway (Hwy. 217), and three arterial streets (Hall Boulevard, Scholls Ferry, and Greenburg Road). The proposed expansion will provide improved pedestrian and vehicular connectivity to the site. In addition to pre-existing site amenities for pedestrian and vehicular access to the site, improvements are being proposed to enhance and complete pedestrian connection to the site via Hall Boulevard, Greenberg Road, and Scholls Ferry Road. Section 18.630.050 specifies the site design standards applicable to developments in the Washington Square Regional Center. Building placement on Major and Minor Arterials. Buildings shall occupy a minimum of 50% of all street frontages along major and minor arterial streets. Buildings shall be located at public street intersections on major and minor arterial streets. The proposed expansion is along a freeway frontage. Moreover, it would not be possible to expand the Mall in a way that would comply with this standard and remain below the 20% expansion threshold. Building setback. The minimum and maximum building setback from public street rights-of-way shall be in accordance with Table 18.520.2. Table 18.520.2 specifies that the minimum setback is 0 feet and the maximum setback is 10 feet along the front yard, and requires that a minimum of 20 feet shall be provided when the site abuts a residential zone. Neither of these criteria are applicable to the proposed expansion. Front yard setback design. For setbacks greater than 0 feet, landscaping, an arcade, or a hard-surfaced expansion of the pedestrian path must be provided between a structure and a public street or accessway. If a building abuts more than one street, the required improvements shall be provided on all streets. Landscaping shall be developed to an L- 1 standard on public streets and an L-2 standard on accessways. Hard-surfaced areas shall be constructed with scored concrete or modular paving materials. Benches and other street furnishings are encouraged. These areas shall contribute to the minimum landscaping requirement per Section 18.520.040.B and Table 18.520.2. Treatments of the type described will be provided between the Mall expansion building and the access drive it fronts upon, including hard surfaced expansion of the walkway (to approximately 14 feet wide), benches, and planting pots (refer to the landscaping plan). Landscaping will also be provided between the proposed expansion and Washington Square ring road (private street). Provided all trees planted are minimum a 2%-inch caliper size, the L-2 landscaping requirements are met. NOTICE OF TYPE II DECISION SDR2003-00012/WASHINGTON SQUARE EXPANSION PAGE 11 OF 43 Walkway connection to building entrances. A walkway connection is required between a building's entrance and a public street or accessway. This walkway must be at least six feet wide and be paved with scored concrete or modular paving materials. Building entrances at a corner adjacent to a public street intersection are required. These areas shall contribute to the minimum landscaping requirement per Section 18.520.040.B and Table 18.520.2. The applicant has proposed improving the walkway connections within the Mall properties to enhance pedestrian safety, and provide additional routes of travel. A walkway connection between the main entrance to the Mall expansion and the nearest public streets (SW Scholls Ferry Road, and SW Greenburg Road) will be provided as shown in the applicant's plans. There is a gap in the sidewalk system interior to the Mall property that was not identified in the applicants proposed walkway improvements. This is located along the north edge of the "Access driveway" adjacent to the Les Schwab property on Greenburg Road. Final construction documents shall show all gaps within the interior walkway system filled by walkways that meet the minimum 4-foot width, hard surface requirement. Parking location and landscape design. Parking for buildings or phases adjacent to public street rights-of-way must be located to the side or rear of newly constructed buildings. When buildings or phases are adjacent to more than one public street, primary street(s) shall be identified by the City where this requirement applies. In general, streets with higher functional classification will be identified as primary streets unless specific design or access factors favor another street. If located on the side, parking is limited to 50% of the primary street frontage and must be behind a landscaped area constructed to an L-1 landscape standard. The minimum depth of the L-1 landscaped area is five feet or is equal to the building setback, whichever is greater. Interior side and rear yards shall be landscaped to a L-2 landscape standard, except where a side yard abuts a public street, where it shall be landscaped to an L-1 landscape standard. The Mall is surrounded by Highway 217 freeway, highest classification), SW Scholls Ferry Road (arterial), SW Hall Boulevard (arterial), and SW Greenburg Road (arterial). The highest classified street does not lend itself to be the primary street as access is severely restricted, and pedestrians and bicycles are not permitted. SW Scholls and SW Hall do not lend themselves as the primary street based on the limited site frontage, and general orientation of the Mall itself. Therefore, the primary street shall be designated as SW Greenburg Road. The proposed expansion does not border on either a major or minor Arterial. The expansion is bordered by the private Mall ring road. The proposed parking will be located behind and to the side of the proposed expansion. The southern parking structure will be located behind the Sears store, so it too will be behind a building. Landscaping will be discussed in further detail under Chapter 18.745. Section 18.630.060 specifies the building design standards to control the vertical elements of new development within the Washington Square Regional Center. Ground floor windows. All street-facing elevations within the Building Setback (0 to 10 feet) along public streets shall include a minimum of 50% of the ground floor wall area with windows, display areas or doorway openings. The ground floor wall area shall be measured from three feet above grade to nine feet above grade the entire width of the street-facing elevation. The ground floor window requirement shall be met within the ground floor wall area and for glass doorway openings to ground level. Up to 50% of the ground floor window requirement may be met on an adjoining elevation as long as the entire requirement is located at a building corner. The proposed expansion faces Highway 217, but is located more than 10 feet from the property line due to the presence of the Mall ring road (a private street). Therefore, the cround floor window requirement does not strictly apply. However, the City could require that he expansion be built in a location that meets the previously discussed site design standards, which would trigger this requirement. Recognizing that such a requirement would not facilitate the most efficient use of the Mall property or integrate into the existing Mall development in a logical manner, the proposed location of the expansion is appropriate. In order to "substantially comply" given these constraints, the applicant has proposed NOTICE OF TYPE II DECISION SDR2003-00012NVASHINGTON SQUARE EXPANSION PAGE 12 OF 43 conformance with the purpose of this standard by providing 50% of the area measured between 3 and 9 feet along the expansion façade in glazing in window area. To acknowledge security concerns and reflect the predominant development design of the remainder of the mall, this window area may be provided anywhere between grade and the roof parapet, and shall include the new mall entrances. Based on 700 lineal feet, with a six foot tall measurement area, there is a total area of 4200 square feet. 50% of this area is 2,100 square feet of glazing. Subsequent site development reviews (or minor modifications) will assure that this window requirement is met for the overall expansion area. Building facades. Facades that face a public street shall extend no more than 50 feet without providing at least one of the following features: (1) a variation in building materials; (2) a building off-set of at least 1-foot; (3) a wall area that is entirely separated from other wall areas by a projection, such as an arcade; or (4) by another design features that reflect the building's structural system. No building facade shall extend for more than 300 feet without a pedestrian connection between or through the building. As discussed above, the proposed expansion will integrate these standards. Initially, the shell will be built with a predominantly blank façade, with interruptions in the elevation at approximate 25-foot intervals. These interruptions consist of concrete pillars on either side of the stucco siding. A Mall entrance arcade is included with the initial shell construction which will further break up the façade. As tenants occupy the spaces, the exterior will be modified to include varied storefronts with even greater articulation. Review through subsequent tenant improvement permit applications will assure continued compliance with this standard. Weather protection. Weather protection for pedestrians, such as awnings, canopies, and arcades, shall be provided at building entrances. Weather protection is encouraged along building frontages abutting a public sidewalk or a hard-surfaced expansion of a sidewalk, and along building frontages between a building entrance and a public street or accessway. A recessed covered entry is provided on the west and north side of the proposed expansion to provide protection from the elements. Also, bridges extend from the third floor of the southern parking structure to Nordstrom's and Sears. Building Materials. Plain concrete block, plain concrete, corrugated metal, plywood, sheet press board or vinyl siding may not be used as exterior finish materials. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than 2 feet. The proposed shell will be faced with a combination of stucco and concrete pillars. The pillars will need to be surfaced with some alternate material to satisfy this standard. As tenants occupy the retail spaces, individual storefronts will be reviewed for compliance with this requirement through subsequent SDR's or minor modifications (as applicable). Roofs and roof lines. Except in the case of a building entrance feature, roofs shall be designed as an extension of the primary materials used for the building and should respect the building's structural system and architectural style. False fronts and false roofs are not permitted. The proposed building expansion will utilize a flat roof system, similar to the rest of the Mall. No false roofs will be utilized. Roof-mounted equipment. All roof-mounted equipment must be screened from view from adjacent public streets. Satellite dishes and other communication equipment must be set adjacent or positioned on a roof so that exposure from adjacent public streets is minimized. Solar heating panels are exempt from this standard. The applicant has indicated that mechanical equipment will be contained inside a mechanical room inside the existing Mall. No other information has been provided regarding rooftop equipment. However to address any subsequent need to place equipment on the root (as may be determined through the building permit review process), should any equipment be placed on the roof, the applicant shall ensure that the mechanical rooftop equipment will be setback from the roof edge 3 feet for each foot in the equipment's height. NOTICE OF TYPE II DECISION SDR2003-00012IWASHINGTON SQUARE EXPANSION PAGE 13 OF 43 Section 18.630.070 specifies additional requirements as related to signs. In general for commercial developments in the MUC zone, the requirements for signs in commercial zones as described in 18.780 shall be used. Height limits for freestanding signs shall be 10 feet. Wall signs are not permitted to extend above the roofline of the wall on which the sign is located. No height increases will be permitted. The applicant is proposing no new freestanding signs. New tenant signage will be on the walls above the individual tenant spaces, and will be reviewed either through the sign permitting process, or through the subsequent SDR or minor modifications for the tenant improvements. The applicant has proposed wall signage above the main mall entrances and on the southern parking structure. Section 18.630.090 describes the landscaping and screening requirements applicable within the Washington Square Regional Center. For general landscaping of landscaped and screened areas within parking lots and along local collectors and local streets, planting standards of Chapter 18.745 Landscaping and Screening, shall apply. In addition the L-1 standard applies to setbacks on major and minor arterials, and where parking lots abut public streets. Where the setback is a minimum of 5 feet between the parking lot and a street, trees shall be planted at 31/2 inch caliper, at a maximum of 28 feet on center. Shrubs shall be of a variety that will provide a 3-foot high screen and a 90% opacity within one year. Groundcover plants must fully cover the remainder of landscape area within two years. For general landscaping of landscaped and screened areas within parking lots, and along local collectors and local streets, planting standards of Chapter 18.745 Landscaping and Screening, shall apply. In addition, trees shall be provided at a minimum 21/2 inch caliper, at a maximum spacing of 28 feet. Shrubs shall be of a size and quality to achieve the required landscaping or screening effect within two years. The landscaping requirements will be addressed under Chapter 18.780. However, the applicant will be conditioned to ensure that parking lot and street trees along the private street are a minimum of 21/2-inch diameter. FINDING: The Washington Square Regional Center Design Standards have not been met. CONDITIONS: • Prior to issuance of building permits for the shell building, the applicant shall submit revised landscape plans that show all trees planted will be a minimum 21/2-inch caliper size. • Prior to issuance of building permits for the shell building, the applicant shall submit revised building elevations that show that the building façade does not extend for more than 300 feet without a pedestrian connection between or through the building and that the plain concrete materials will be of an alternate material or surfaced with an alternate material. • Prior to issuance of building permits for the shell building, the applicant shall ensure that any mechanical rooftop equipment will be setback from the roof edge 3 feet for each foot in the equipment's height. • Prior to issuance of tenant improvement permits for tenants located along the exterior wall of the expansion, revised building elevations will be required that show: NOTICE OF TYPE II DECISION SDR2003-00012/WASHINGTON SQUARE EXPANSION PAGE 14 OF 43 ► A minimum of 2,100 square foot window area for the entire proposed exterior facade of the expansion area. Such window area shall be inclusive of all glazing (including mall entrances) from grade to the roof parapet. Applications for tenant improvements shall include an elevation of the entire expansion area showing existing window areas, proposed window area, and future window area to meet the 2,100 square foot requirement. It is the burden of the applicant to assure that the 2,100 square feet can be provided. Should the final tenant apply with inadequate window area provided, the City shall not grant a permit for said tenant Improvement. ► Façades shall extend no more than 50 feet without providing at least one of the following features: (1) a variation in building materials; (2) a building off-set of at least 1-foot; (3) a wall area that is entirely separated from other wall areas by a projection, such as an arcade; or (4) by another design feature that reflects the building's structural system. No building facade shall extend for more than 300 feet without a pedestrian connection between or through the building. ► Plain concrete block, plain concrete, corrugated metal, plywood, sheet press board or vinyl siding may not be used as exterior finish materials. • Prior to installing any signage (tenant or primary), the applicant shall submit sign permit applications for review, noting that the maximum height of the sign may not extend above the roofline, as presently shown for the parking garage wall and main entrance. • Prior to issuance of building permits, the applicant shall submit revised site plans that show the width of existing and proposed walkways, correcting any existing deficiencies to meet the 4-foot minimum width with hard surfaced paving material and closing all gaps within the interior walkway system including the small gap along the access driveway next to Les Schwab. Moreover, these plans shall dimension the length of any parking aisle crossings, and provide pedestrian refuge areas for any crossing that exceeds 36 feet. Access, Egress and Circulation (18.705): Walkways: 18.705.030(F) requires that on-site pedestrian walkways comply with the following standards: Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments; On-site pedestrian walkways are present between the building entrances and the streets that provides access and egress, as well as to the parking lot. Furthermore, the applicant has proposed improvements to the walkway system to complete gaps and bring walkways up to ADA standards. Refer to Sheet 5 of the applicant's plans and note previous conditions of approval. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety . Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; NOTICE OF TYPE II DECISION SDR2003-00012/WASHINGTON SQUARE EXPANSION PAGE 15 OF 43 Specific detail was not provided for the existing and proposed walkways in terms of width and length where the walkways cross parking aisles. Staff believes that based on the dimensions provided in the existing conditions plan, that there is adequate room to accommodate four-foot-wide walkways on the site and that aisle crossings can be limited to less than 36 feet through the use of pedestrian refuge islands, if necessary. Sufficient information is not provided to show that this standard is presently met, but the standard can be met by providing civil construction documents that show the width of existing and proposed walkways, correcting any existing deficiencies to meet the 4-foot minimum width. Moreover, these documents shall dimension the length of any parking aisle crossings, and provide pedestrian refuge areas for any crossing that exceeds 36 feet. This has been conditioned as noted previously. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. The plan depicts concrete sidewalks, which meets the standard. The final construction documents will also need to show walkways with hard surfaced materials. Access Management: Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT,Washington County, the City and AASHTO. A traffic impact report was prepared by Kittleson and Associates, dated February 2003. The report examined existing intersections where access is provided and recommended that landscaping be maintained along the site frontage to ensure adequate sight distance at the site-access driveways. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent fparcel. If shared access is not possible or practical, the driveway shall be placed as far rom the intersection as possible. The existing site accesses are not proposed to be modified. This standard does not apply. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. The existing site accesses are not proposed to be modified. This standard does not apply. Minimum Access Requirements for Commercial and Industrial Use: Section 18.705.030.1 rovides the minimum access requirements for commercial and industrial uses: Table 18.705.3 indicates that the required access width for developments with 100 or more parking spaces is two 30-foot accesses with 24 feet of pavement. Vehicular access shall be rovided to commercial or industrial uses, and shall be located to within 50 feet of the primary ground floor entrances; additional requirements for truck traffic may be placed as conditions of site development review. NOTICE OF TYPE II DECISION SDR2003-00012NVASHINGTON SQUARE EXPANSION PAGE 16 OF 43 The development has seven points of access into the parking lot that provide a minimum of 24 feet of pavement. Therefore, this standard is met. FINDING: The access requirements have not been met. However, by satisfying the conditions already imposed in the previous section, these standards can be met. Environmental performance standards (18.725): hese standards require that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 (Performance Standards) regulates: Noise, visible emissions, vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through (.4U.210 of the Tigard Municipal Code shall apply. Visible Emissions. Within the commercial zoning districts and the industrial park (IP) zoning district, there shall be no use, operation or activity which results in a stack or other point- source emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 340-28-070) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district which is discernible without instruments at the property line of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090) apply. Glare and heat. No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. This is a retail commercial expansion, which is permitted within the MUC zone. The applicant has indicated that the above standards will be met. Some minor vibration and glare during construction may occur, but will be confined to the Mall property. Ongoing maintenance to meet these standards shall be maintained and an violation of these standards will be addressed by the City of Tigard's' Code Enforcement Officer. FINDING: The Environmental Performance Standards are met. Landscaping and Screening (18.745): Section 18./45.030.U, specifies the Installation Requirements. The installation of all landscaping shall be as follows: All landscaping shall be installed according to accepted planting procedures; the plant material shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock (ANSI Z- 60, 1-1986, and any other future revisions); and landscaping shall be installed in accordance with the provisions of this title. The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting guidelines as well as, the standards set forth in the American Institute of Architects' Architectural Graphic Standards, 10 edition. In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil amendments and modifications. NOTICE OF TYPE II DECISION SDR2003-00012/WASHINGTON SQUARE EXPANSION PAGE 17 OF 43 The Landscape Architect, Matthew Simpson, included Acer platanoides "Columnar Broad" (Parkway Maple) as a tree to be planted within the parking lot islands. Acer platanoides is not included on the City's street tree list since it can be very invasive and it tends to have very aggressive root systems. The roots tend to crack and/or break up curbs, pavement and sidewalks. Therefore, the Acer platanoides should be stricken from the plant materials and replaced with a more appropriate species for parking lots. In order to develop tree species diversity on-site it is recommended (not required) that the following guidelines be followed: No more than 30% of any one family be planted on-site. No more than 20% of any one genus be planted on-site. No more than 10% of any one species be planted on-site. Section 18.745.030.E, requires protection of existing landscaping. The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and the p lants to be saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around the individual trees). See comments under Chapter 18.790 Tree Removal, later in this decision. Street Trees: Section 18.745.040 states that all development projects fronting on a public street or a private drive more than 100 feet in length shall be required to plant street trees in accordance with Section 18.745.040.0 Section 18.745.040.0 requires that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium or large). The site is generally landscaped with parking lot and accessway trees. Within the area of impact. the applicant has proposed removal of 78 of these landscape trees. Tree removal and mitigation will be discussed in greater detail under Chapter 18.790, Trees, later in this decision. The applicant has proposed planting 37 landscape trees. These trees will need to be replaced in accordance with the standards of this chapter. The submitted landscape plan fails to show that this standard is met, as there are no trees for an approximate 375-foot stretch along the ring road where the proposed loading area is. Moreover, there are opportunities to plant additional trees along the ring road north of the proposed "west parking structure" within new parking lot islands at the end of the existing parking aisles. Buffering and Screening: Section 18.745.080 states that no buffer is required between abutting uses that are of a different type when the uses are separated by a street. No buffer is required between a proposed office use and existing office use. Buffering and/or screening are required for dissimilar uses. All properties surrounding the subject property are zoned MUC with the exception of the Cemetery that lies to the east zoned R-4.5. However, there is one property to the north that is an existing residential development. These apartments are already buffered and screened from the Mall property with a row of trees. Screening: Special Provisions: Section 18.745.050.E requires the screening of parking and loading areas. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. Planting materials to be installed should achieve a relative balance between low lying and vertical shrubbery and trees. Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed on the basis of one (1) tree for each seven (7) parking spaces in order to provide a canopy effect. The minimum dimension on the landscape islands shall be three (3) feet wide and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. NOTICE OF TYPE II DECISION SDR2 0 0 3-000 1 2/WASHINGTON SQUARE EXPANSION PAGE 18 OF 43 The proposed parking lot is screened from all streets by buildings and/or topography and distance with the exception of Highway 217. From Highway 217 there are trees and an embankment that screens the parking area from view. Landscape materials are proposed around the perimeter of the parking structure to further screen the parking area from adjacent properties. It is not feasible to meet the parking lot tree requirements within the parking structures, nor has this standard been previously applied to parking structures. Therefore trees within the parking structures will not be required. However, surface parking areas are required to meet this standard. The proposed development will not be creating new surface parking, but will require temporary removal and replacement of select parking spaces. Most notably, the parking along the northern edge of the south parking structure should be modified to include the requisite one tree per seven spaces. Screening Of Service Facilities. Except for one-family and two-family dwellings, any refuse container or disposal area and service facilities such as gas meters and air conditioners which would otherwise be visible from a public street, customer or resident parking area, any public facility or any residential area shall be screened from view by placement of a solid wood fence or masonry wall between five and eight feet in height. All refuse materials shall be contained within the screened area; The applicant has proposed two 24-cubic yard compactors to accommodate the new expansion and some of the existing retail space. It is not clear where these compactors will be located. Detailed plans will be required, and additional screening may be required, as necessary to ensure compliance with this standard. The applicant's revised plan will need to identify the material and height of the enclosure. Screening Of Refuse Containers. Except for one- and two-family dwellings, any refuse container or refuse collection area which would be visible from a public street, parking lot, residential or commercial area, or any public facility such as a school or park shall-be screened or enclosed from view by placement of a solid wood fence, masonry wall or evergreen hedge. All refuse shall be contained within the screened area. The applicant has proposed two 24-cubic yard compactors to accommodate the new expansion and some of the existing retail space. It is not clear where these compactors will be located. Detailed plans will be required, and additional screening may be required, as necessary to ensure compliance with this standard. The applicant's revised plan will need to identify the material and height of the enclosure. FINDING: Based on the analysis above, the landscaping and screening standards have not been fully met. If the applicant complies with the conditions listed below, the standards will be met. CONDITIONS: Prior to issuance of building permits, the applicant shall submit revised landscape plans that show: ► Additional trees planted at appropriate spacing in front of the "west parking structure" and loading screen walls to soften this elevation; ► Additional trees planted in 5 new parkin lot landscape islands along the ring road north of the proposed west parking structure"; and ► An additional landscape island in the middle of the row of parking along the northern edge of the "south parking structure" to provide one additional tree. Prior to issuance of building permits, the applicant shall submit a revised site and/or landscape plan that identifies the location, material and height of the trash enclosure that meets the requirements of Section 18.745.050(E)(4). Detailed plans will be required, and additional screening may be required, as necessary to ensure compliance with this standard. The applicant's revised plan will need to identify the material and height of the enclosure. NOTICE OF TYPE II DECISION SDR2003-00012IWASHINGTON SQUARE EXPANSION PAGE 19 OF 43 Prior to issuance of building permits, the applicant shall submit a revised landscape plan that shows landscape islands with trees to allow for ample soil volume (based on the AIA Architectural Graphic Standards) so the trees can grow to maturity in a relatively healthy state. The applicant shall provide in the landscape documents methods for irrigation. Selection of tree species shall be revised so that Acer platanoides "Columnar Broad" (Parkway Maple) is replaced with a more appropriate species for parking lots. Mixed Solid Waste and Recyclables Storage (18.755): Chapter 18.755 requires that new consfruction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated Recyclables prior to pick-up and removal by haulers. The applicant must choose one (1) of the following four (4) methods to demonstrate compliance: Minimum Standard, Waste Assessment, Comprehensive Recycling Plan, or Franchised Hauler Review and Sign-Off. The applicant will have to submit evidence or a plan which indicates compliance with this section. Regardless of which method chosen, the applicant will have to submit a written sign-off from the franchise hauler regarding the facility location and compatibility. The applicant has indicated compliance with the Comprehensive Recycling Plan Method. There are no franchise waste haulers that service Washington Square Mall, as such service is provided through a private contract. There is inadequate information provided to ensure compliance with this standard as well as, the location standards of Section 18.755.050. Plans detailing the location and size of the recyclables storage area and the comprehensive recycling methods will be a required condition of approval. Location Standards. To encourage its use, the storage area for source-separated recyclables shall be co- located with the storage area for residual mixed solid waste; Indoor and outdoor storage areas shall comply with Uniform Building and Fire Code requirements; Storage area space requirements can be satisfied with a single location or multiple locations, and can combine both interior and exterior locations; Exterior storage areas can be located within interior side yard or rear yard areas. Exterior storage areas shall not be located within a required front yard setback or in a yard adjacent to a public or private street; Exterior storage areas shall be located in central and visible locations on a site to enhance security for users; Exterior storage areas can be located in a parking area, if the proposed use provides at least the minimum number of parking spaces required for the use after deducting the area used for storage. Storage areas shall be appropriately screened according to the provisions in 18.755.050 C, design standards; The storage area shall be accessible for collection vehicles and located so that the storage area will not obstruct pedestrian or vehicle traffic movement on the site or on public streets adjacent to the site. The refuse container is accessed from the parking lot and is visible in order to enhance security for users. The proposed refuse container will not occupy any required parking stalls and screening has been conditioned to conform to Tigard standards previously in this decision. Design Standards. The dimensions of the storage area shall accommodate containers consistent with current methods of local collection; Storage containers shall meet Uniform Fire Code standards and be made and covered with waterproof materials or situated in a covered area; Exterior storage areas shall be enclosed by a sight-obscuring fence wall, or hedge at least six feet in height. Gate openings which allow access to users and haulers shall be provided. Gate openings for haulers shall be a minimum of 10 feet wide and shall be capable of being secured in a closed and open position; Storage area(s) and containers shall be clearly labeled to indicate the type of materials accepted. The applicant has not submitted a detail of the trash enclosure or refuse container. NOTICE OF TYPE II DECISION SDR2003-00012NVASHINGTON SQUARE EXPANSION PAGE 20 OF 43 FINDING: Because the applicant has not provided evidence of compliance with the Mixed Solid Waste and Recyclables Storage design standards, this standard has not been met. If the applicant complies with the condition listed below, the standards will be met. CONDITION: Prior to issuance of building permits, the applicant shall submit plans or documents detailing the location and size of the recyclables storage area, as well as the comprehensive recycling methods that will be used, as specified in TDC Section 18.755.050. Off-Street Parking and Loading (18.765): Location of vehicle parking: Off-street p arking spaces for single-family and duplex dwellings and single-family attached dwellings shall be located on the same lot with the dwellings. Off-street parking lots for uses not listed above shall be located not further than 200 feet from the building or use that they are required to serve, measured in a straight line from the building with the following exceptions: a) commercial and industrial uses which require more than 40 parking spaces may provide for the spaces in excess of the required first 40 spaces up to a distance of 300 feet from the primary site; The 40 parking spaces which remain on the primary site must be available for users in the following order of priority: 1) Disabled-accessible spaces; 2) Short-term spaces; 3) Long-term preferential carpool and vanpool spaces; 4) Long-term spaces. The parking lots associated with this project are directly adjacent to the proposed building, in compliance with this standard. Joint Parking: Owners of two or more uses, structures or parcels of land may agree to utilize jointly the same parking and loading spaces when the peak hours of operation do not overlay, subject to the following: 1) The size of the joint parking facility shall be at least as large as the number of vehicle parking spaces required by the larger(est) use per Section 18.765.070; 2) Satisfactory legal evidence shall be presented to the Director in the form of deeds, leases or contracts to establish the joint use; 3) If a joint use arrangement is subsequently terminated, or if the uses change, the requirements of this title thereafter apply to each separately. Joint parking is not proposed with this application; therefore this standard is not applicable. Parking in Mixed-Use Projects: In mixed-use projects, the required minimum vehicle parking shall be determined using the following formula. 1) Primary use, i.e., that with the largest proportion of total floor area within the development, at 100% of the minimum vehicle parking required for that use in Section 18.765.060; 2) Secondary use, i.e., that with the second largest percentage of total floor area within the development, at 90% of the vehicle parking required for that use in Section 18.765.060; 3) Subsequent use or uses, at 80% of the vehicle parking required for that use(s) in Section 18.765.060; 4) The maximum parking allowance shall be 150% of the total minimum parking as calculated above. This proposal is not considered a mixed-use project as it will contain solely retail space; therefore this standard is not applicable. Visitor Parking in Multi-Family Residential Developments: Multi-dwelling units with more than 10 required parking spaces shall provide an additional 15% of vehicle parking spaces above the minimum required for the use of guests of residents of the complex. These spaces shall be centrally located or distributed throughout the development. Required bicycle parking facilities shall also be centrally located within or evenly distributed throughout the development. This project does not involve a residential use. Therefore, this standard does not apply. NOTICE OF TYPE II DECISION SDR2003-00012/WASHINGTON SQUARE EXPANSION PAGE 21 OF 43 Preferential Long-Term CarpoolNanpool Parking: Parking lots providing in excess of 20 long-term parking spaces shall provide preferential long-term carpool and vanpool parking for employees, students and other regular visitors to the site. At least 5% of total long-term parking spaces shall be reserved for carpool/vanpool use. Preferential parking for carpools/vanpools shall be closer to the main entrances of the building than any other employee or student parking except parking spaces designated for use by the disabled. Preferential carpool/vanpool spaces shall be full-sized per requirements in Section 18.765.040N and shall be clearly designated for use only by carpools and vanpools between 7:00 AM and 5:30 PM Monday through Friday. The proposed parking structures associated with the retail development will have a net increase of 89 parking spaces from the existing. The applicant has not furnished information related to the relative number of long term versus short term parking, so staff must assume the total number of spaces may be utilized for long term parking. So, of the total 89 newly created spaces being provided, 5 shall be marked as carpool and/or vanpool spaces for employees and located in accordance with this standard. A condition will be imposed to meet this standard. The applicant may request a Type II adjustment to this standard under a separate application, however, in absence of any approved adjustment, this requirement must be met. Therefore, the applicant will be required to reserve 5 of the proposed new parking spaces for carpool/vanpool parking. Disabled-Accessible Parking: All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the State of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. The applicant has indicated that there are 99 ADA handicap spaces provided. According to ORS 447.233, incorporated through reference to the Uniform Building Code (UBC), 78 spaces are required. Final determination of the number of required ADA spaces will be made by the building official during the review of the building permit application. As shown, the site plan appears to be in compliance with the ADA requirements. DEQ indirect source construction permit: All parking lots containing 250 spaces or parking structures containing two or more levels shall require review by the Oregon Department of Environmental Quality (DEQ) to: 1. Acquire an Indirect Source Construction Permit; or 2. Investigate the feasibility of installing oil and grease separators The applicant has contacted DEQ with regard to these requirements. A C-1200 permit, issued by Clean Water Services, and required by the building division, implements the Indirect Source Construction Permit. Additionally, the applicant will be providing oil and grease separators for catchbasins in the parking structures. Access Drives: With regard to access to public streets from off-street parking: access drives from the street to off-street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site the number and size of access drives shall be in accordance with the requirements of Chapter, 18.705, Access, Egress and Circulation; access drives shall be clearly and permanently marked and defined through use of rails, fences, walls or other barriers or markers on frontage not occupied by service drives; access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; access drives shall be improved with an asphalt or concrete surface; and excluding single-family and duplex residences, except as provided by Subsection 18.810.030.P, groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way will be required. The existing access drives have been addressed previously in this decision, and are not proposed to be modified. NOTICE OF TYPE II DECISION SDR2003-00012NVASHINGTON SQUARE EXPANSION PAGE 22 OF 43 Pedestrian Access: Pedestrian access through parking lots shall be provided in accordance with Section 18.705.030.F. Where a parking area or other vehicle area has a drop-off grade separation, the property owner shall install a wall, railing, or other barrier which will prevent a slow-moving vehicle or driverless vehicle from escaping such area and which will prevent pedestrians from walking over drop-off edges. Pedestrian access has been discussed previously in this decision and any drop off edges that require barriers shall be protected, e.g. around the perimeter of the west parking structure. Parking Lot Striping: Except for sincle-family and duplex residences, any area intended to be used to meet the off-street parking requirements as contained in this Chapter shall have all parking spaces clearly marked; and all interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. The plans submitted show the parking spaces will be clearly marked with striping. The compact spaces will need to be clearly marked as such. Wheel Stops: Parking spaces alone the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least four inches high located three feet back from the front of the parking stall. The front three feet of the parking stall may be concrete, asphalt or low lying landscape material that does not exceed the height of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. The majority of parking spaces front opposing parking spaces and do not require curb stops. There is a row of parking spaces along the south edge of the west parking structure and along the north edge of the south parking structure that front a landscape area. These parking spaces will require wheel stops located three feet back from the front of the stalls. Space and Aisle Dimensions: Section 18.765.040.N states that: "except as modified for angled parking in Figures 18.765.1 and 18.765.2 the minimum dimensions for parking spaces are: 8.5 feet x 18.5 feet for a standard space and 7.5 feet x 16.5 feet for a compact space"; aisles accommodating two direction traffic, or allowing access from both ends, shall be 24 feet in width. No more than 50% of the required spaces may be compact spaces. The applicant's plans do not dimension the parking spaces to fully confirm compliance with these standards. Staff has scaled off from the site plans submitted to confirm that the proposed parking scheme is feasible. Final construction documents will require exact dimensions, and upon completion, it may be determined that there is insufficient room to provide all the illustrated parking spaces. As the proposed parking is above the minimum parking required, the applicant may lose some of these spaces and remain in compliance. The applicant will be required to submit detailed construction documents that dimension the parking spaces in conformance with these standards. Bicycle Parking Location and Access: Section 18.765.050 states bicycle parking areas shall be provided at locations within 50 feet of primary entrances to structures; bicycle parking areas shall not be located within parking aisles, landscape areas or pedestrian ways; outdoor bicycle parking shall be visible from on-site buildings and/or the street. When the bicycle parking area is not visible from the street, directional signs shall be used to located the parking area; and bicycle parking may be located inside a building on a floor which has an outdoor entrance open for use and floor location which does not require the bicyclist to use stairs to gain access to the space. Exceptions may be made to the latter requirement for parking on upper stories within a multi-story residential building. The site plan shows areas for bicycle racks. NOTICE OF TYPE II DECISION SDR2003-00012/WASHINGTON SQUARE EXPANSION PAGE 23 OF 43 Bicycle Parking Design Requirements: Section 18.765.050.C. The following design requirements apply to the installation of bicycle racks: The racks required for required bicycle parking spaces shall ensure that bicycles may be securely locked to them without undue inconvenience. Provision of bicycle lockers for long-term (employee) parking is encouraged but not required; bicycle racks must be securely anchored to the ground, wall or other structure; bicycle parking spaces shall be at least 21/2 feet by six feet long, and, when covered, with a vertical clearance of seven feet. An access aisle of at least five feet wide shall be provided and maintained beside or between each row of bicycle parking; each required bicycle parking space must be accessible without moving another bicycle; required bicycle parking spaces may not be rented or leased except where required motor vehicle parking is rented or leased. At-cost or deposit fees for bicycle parking are exempt from this requirement; and areas set aside for required bicycle parking must be clearly reserved for bicycle parking only. Outdoor bicycle parking facilities shall be surfaced with a hard surfaced material, i.e., pavers, asphalt, concrete or similar material. This surface must be designed to remain well drained. The applicant has not rovided a detail of the bike rack to be used, therefore, Staff is unable to confirm that this standard is met. The applicant will need to provide a detail of the proposed bike rack with the building permit submittal. Minimum Bicycle Parking Requirements: The total number of required bicycle parking spaces for each use is specified in Table 18.765.2 in Section 18.765.070.H. In no case shall there be less than two bicycle parking spaces. As discussed above, according to Table 18.765.2 of the Tigard Development Code, the minimum bicycle-parking requirement for an office use is 0.3 spaces per 1,000 gross square feet. Based on the proposed 198,494 square foot expansion, the proposed Mall will be required to add 60 bicycle rack spaces. If the applicant chooses to utilize existing bicycle spaces to meet or partially meet this standard, the requirement would be based on the total Mall area (1,191,376 s.f.), fora total of 357 bicycle parking spaces needed. Minimum Off-Street Parking: Section 18.765.070.H states that the minimum and maximum parking shall be as required in Table 18.765.2. Table 18.765.2 states that the minimum parking for General Sales Retail Uses is 3.7 spaces per 1,000 square feet. As the expansion will displace 975 spaces and add 1,064, there is a net increase of 89 spaces. Because the 89 spaces does not in and of itself account for the increased building square footage, the entire parking area and consequently the existing parking demand from the present Mall needs to be evaluated. Based on the total Mall area (1,191,376 s.f.), a total of 4,408 parking spaces are required. The site provides 6,803 spaces. The maximum number of spaces is 6,076; however, this number is exclusive of disabled and structured parking (2,193 spaces). This standard is met. Off-Street Loading Spaces: Commercial, industrial and institutional buildings or structures to be built or altered which receive and distribute material or merchandise by truck shall provide and maintain off-street loading and maneuverings ace as follows: A minimum of one loading space is required for buildings with 10,000 gross square feet or more; A minimum of two loading spaces for buildings with 40,000 gross square feet or more. The building is greater than 40,000 square feet, therefore, the applicant is required to provide two loading spaces. The plan shows loading areas in front of the west parking structure in compliance with this requirement. FINDING: Based on the analysis above, the off-street parking and loading standards have not been fully satisfied; however, if the applicant complies with the conditions listed below, the standards will be met. NOTICE OF TYPE II DECISION SDR2003-00012/WASHINGTON SQUARE EXPANSION PAGE 24 OF 43 CONDITIONS: • Prior to issuance of building permits, the applicant shall submit revised site plans that show 5 of the proposed new parking spaces reserved for carpool/vanpool parking. These spaces shall be located as close to the building entrances as possible, second in priority to ADA parking. • Prior to issuance of building permits, the applicant shall submit revised site plans that show the compact parking spaces striped and marked as compact" or with a large 'C". These site plans shall also show typical dimensions for the parking spaces in conformance with these standards. There is a row of parking spaces along the south edge of the west parking structure and along the north edge of the south parking structure that front a landscape area. These parking spaces will require wheel stops located three feet back from the front of the stalls. • Prior to issuance of building permits, the applicant shall submit a revised site plan that shows 60 bicycle rack spaces for the proposed building. If the Mall already provides 357 bike parking spaces, no additional bike spaces will be required. An elevation detail showing the design of the bike rack is also required. Signs (18.784. Chapter 18.780.130.D lists the type of allowable signs and sign area permitted in the MUC Zoning District. Signs have been previously addressed and conditioned under the Washington Square Regional Center Standards. Future tenant signage will be reviewed through a separate permit process administered by the Development Services Technicians. FINDING: Because tenant signs will be reviewed and approved as part of a separate permit process, and the proposed signage was reviewed and conditioned previously in this decision, this standard has been satisfied. Tree Removal (18.790): Section 18.790.030 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a site development review application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. As required, the applicant submitted a tree plan, but it was not clear who conducted the plan. The plan, however, does contain all four of the required components of a tree plan. The plan is quite detailed and, as long as it is followed to the letter, the tree protection measures should adequately protect the trees that are being retained on site. Only two trees are in excess of 12 inches in diameter, and there are 14 other trees on the property that exceed 12 inches. Therefore, the proposed tree removal represents less than a 25% removal, and consequently, no mitigation is required. However, landscaping is required by other Chapters of the code, namely 18.630 and 18.745. Below are the City Forester's suggestions for the applicant to follow for tree protection guidelines: 1. Prior to construction, the applicant shall submit a detailed construction schedule to the City Forester with notations as to when tree protection devices will be either installed or removed throughout construction of the project. 2. A note shall be placed on the final set of plans indicating that equipment, vehicles, machinery, grading, dumping, storage, burial of debris, or any other construction-related activities shall not be located inside of any tree protection zone or outside of the limits of disturbance where other trees are being protected. NOTICE OF TYPE II DECISION SDR2003-00012/WASHINGTON SQUARE EXPANSION PAGE 25 OF 43 3. To determine the size of the tree protection zone (TPZ) the project arborist should follow the guidelines listed below: • For individual trees follow the trunk diameter method. For every one-inch of diameter at breast height (DBH), or 41/2 feet above the ground, allow 12 inches of space from the trunk of the tree. For example, a tree that is 15 inches at DBH must have at least 15 feet of tree protection zone around the entire canopy of the tree. • For groups of trees the tree protection zone must be outside of the drip line of the trees on the edge of the stand. If there are conifers with narrow crowns on the edge of the stand follow the trunk diameter method or the drip line method, whichever is greater. • Calculate and follow the Optimal Tree Protection Zone calculation as shown in "Trees and Development: A Technical Guide to Preservation of Trees During Land Development by Nelda Matheny and James R. Clark. • The project arborist may propose an alternate method for the establishment of the TPZ, provided the effort is coordinated with the City Forester. 4. If it is necessary to enter the tree protection zone at any time with equipment (trucks, bulldozers, etc.) the project arborist and City Forester must be notified before any entry occurs. Before entering the TPZ, the project arborist and City Forester shall determine the method by which entry can occur, along with any additional tree protection measures. 5. Prior to issuance of building permits, the Project Arborist shall submit a final certification indicating the elements of the Tree Protection Plan were followed and that all remaining trees on the site are healthy, stable and viable in their modified growing environment. FINDING: Certain assurances are required to ensure that the tree protection plan is implemented. With the following conditions, this standard can be met. CONDITIONS: • Prior to issuance of building permits, the applicant shall submit a revised tree protection program that includes the following requirements: The Project Arborist shall inspect the site and provide a report at a minimum of once every two weeks (and a minimum of once every week when construction activities will impact the trees being preserved). These reports should include any changes that occurred to the TPZ as well as, the condition and location of the tree protection fencing. If the amount of TPZ was reduced then the Project Arborist shall justify why the fencing was moved, and shall certify that the construction activities to the trees did not adversely impact the overall and long-term health and stability of the tree(s). If the reports are not submitted or received by the City Forester at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan is not being followed by the contractor, the City can stop work on the project until an inspection can be done by the City Forester and the Project Arborist. This inspection will be to evaluate the tree protection fencing, determine if the fencing was moved at any point during construction, and determine if any part of the Tree Protection Plan has been violated. • Prior to final building inspection, the Project Arborist shall submit to the City Forester a final certification indicating the elements of the Tree Protection Plan were followed and that all remaining trees on the site are healthy, stable and viable in their modified growing environment. If any tree (or trees) is determined to be unhealthy, unstable or not able to survive the trauma caused by the construction activities, the City may pursue further appropriate measures, which may include additional mitigation. NOTICE OF TYPE II DECISION SDR2003-00012NVASHINGTON SQUARE EXPANSION PAGE 26 OF 43 Visual Clearance Areas (18.795): Chapter 18.795 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall- contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height. The code provides that obstructions that may be located in this area shall be visually clear between three (3) and eight (8) feet in height (8) (trees may be placed within this area provided that al branches below eight (8) feet are removed). A visual clearance area is the triangular area formed by measuring a 30-foot distance along the street right- of-way and the driveway, and then connecting these two (2), 30-foot distance points with a straight line. The applicant has indicated in the narrative and the site plan that a clear vision area will be maintained between 3 and 8 feet in height at the vehicular access of the property. FINDING: Based on the analysis above, the vision clearance standards have been met. C. SPECIFIC SITE DEVELOPMENT REVIEW APPROVAL STANDARDS Section 18.360.090(A)(2) through 18.360.090(A)(15) provides additional Site Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These additional standards are addressed immediately below with the following exceptions: The proposal contains no elements related to the provisions of the following and are, therefore, found to be inapplicable as approval standards: 18.360.090.3 (Multi Family Exterior Elevations); 18.360.090.5 (Privacy and Noise: Multi-family or Group Living Uses); 18.360.090.6 (Private Outdoor Areas: Multi-family Use); 18.360.090.7 (Shared Outdoor Recreation Areas: Multi-family Use); 18.360.090.8 (100 year floodplain); and 18.360.090.9 (Demarcation of Spaces). The following sections were discussed previously in this decision and, therefore, will not be addressed in this section: 18.360.090.4 (Buffering, Screening and Compatibility Between Adjoining Uses; 18.360.090.13 ((Parking); 18.360.090.14 (Landscaping); 18.360.090.15 (Drainage); and 18.360.090.14 Provision for the Disabled). Relationship to the Natural and Physical Environment: Buildings shall be: located to preserve existing trees, topography and natural drainage where possible based upon existing site conditions; located in areas not subject to ground slumping or sliding; located to provide adequate distance between adjoining buildings for adequate light, air circulation, and fire-fighting; and oriented with consideration for sun and wind.-- Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. The concentration of trees is located along the perimeter of the Mall property. The proposed building expansion displaces predominantly asphalt parking by concentrating this parking in two new parking structures. Landscaping wilf be reintroduced around these new structures after construction is complete. The applicant has conducted soils testing to confirm the suitability of the soil for the proposed structures. The building expansion will be connected to the adjacent building and will be an integral part of that structure. The parking structures are separated from existing buildings for air circulation and fire safety. The Building Division will require adequate fire protection per the Uniform Building Code. There are a number of trees proposed for removal; however, the vast majority of-landscaping on site will be preserved. Trees will be replaced as required by the landscaping standards of Chapter 18.745 and 18.630. NOTICE OF TYPE II DECISION SDR2003-00012M/ASHINGTON SQUARE EXPANSION PAGE 27 OF 43 Crime Prevention and Safety: A. Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; B. Interior laundry and service areas shall be located in a way that they can be observed by others; C. Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; D. The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime; and E. Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps and abrupt grade changes. Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet, which is sufficient to illuminate a person. The Washington Square Mall is of particular interest to the Police Department as this area requires a large commitment of resources. The Tigard Police Department comments that the submitted plans are of too general a nature to determine if adequate crime prevention measures are provided. A detailed security plan is required that shall include parking, structure interior design, pedestrian bridge design, lighting, and other CPTED (Crime Prevention Through Environmental Design) elements. The applicant shall coordinate with the Police Department to address these crime prevention issues within the confines of the approved site plan. The applicant shall make modifications as necessary to ensure security is maximized, to the extent that the approved site plan and building code requirement allows. Such mitigation measures may include adding video surveillance, alteration to wall heights, additional openings to facilitate observation of concealed areas, and additional security lighting. FINDING: By imposing the following condition, this standard can be satisfied. CONDITION: Prior to issuance of building permits, the applicant shall submit a detailed security plan that includes parking, structure interior design, pedestrian bridge design, lighting, and other CPTED (Crime Prevention Through Environmental Design) elements for review and approval by the Tigard Police Department. Modifications resulting from this security plan shall be incorporated into the building permit documents. Public Transit: Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to an existing or proposed transit route; the requirements for transit facilities shall be based on: the location of other transit facilities in the area; and the size and type of the proposal. The following facilities may be required after City and Tri-Met review: bus stop shelters; turnouts for buses; and connecting paths to the shelters. There is a Tri-Met transit center within the Mall and is served by six bus lines (Line #43, 45, 56, 62, 76, and 78). Tri-Met has noted that the existing transit center is inadequate to meet the growing demand at Washington Square. First, the location of the transit center creates inefficient routing and causes conflicts between transit and cars resulting in delays. During the holiday season, Tri-Met pays for traffic flaggers to ensure bus operations. Some of these conflicts could be addressed by access improvements or use of alternate routes. In addition, a primary strategy to capture more trips on transit is to increase the frequency of service. That means more buses and the need for more dedicated bus loading bays. There are also several ways the transit center could be improved for the convenience of customers and bus operators. Among these would be provision of electrical service to support transit tracker displays (real time bus arrival information) at the Transit Center and inside the Mall. Bus operators would benefit from an on-site restroom facility (current facilities are remote and not open during early morning and late evening bus service hours). A longer term concern is locating the Transit Center to facilitate a connection to the Washington County Commuter Rail Station to be located near Scholls Ferry Road on the west side of Highway 217. Tri-Met has therefore, requested the following to enhance the overall functionality of transit service at the Mall: NOTICE OF TYPE II DECISION SDR2 0 03-0001 2/WASHINGTON SQUARE EXPANSION PAGE 28 OF 43 Implement a new route for Lines #76 and 78 so that they no longer use SW Washington Square Road south and west of the Mall, but instead enter the Mall property from Greenburg Road near Hall Boulevard. This would create less conflict with internal Mall traffic. Bus efficiency would also be improved if new stops are created at the north end of the transit center (on SW Washington Square Road) so that buses drop off and pick up passengers without entering the transit center loop. These new stops would have the added benefit of creating more layover capacity at the transit center loop. Approximate cost: New shelter, signs, with concrete pad and required ADA compatible sidewalk connections: +/- $13,000 each x 2 = $26,000 (near TC). New bus stops, signs, and required ADA concrete pad & connections: +/- $4,500 each x (2 to 4) = $9,000 to $18,000 (along new line 76/78 route). Roadway related radius fixes: +/- $15000 TOTAL: $59,000 Provide bathroom facilities for Tri-Met drivers at the transit center. This is a necessary accessory to the amount of transit service to Washington Square. Providing a bathroom at the transit center will reduce bus delays. Washington Square Mall has previously opposed Tri- Met's interest in placing a port-a-potty at the transit center. • Port-a-potty provided by Tri-Met, no cost to applicant unless a more permanent structure is desired, then cost of new structure to be borne by applicant. Provide two real time bus arrival displays, one inside the Mall and the other within the transit center to allow transit center patrons to wait inside until buses are due to arrive and to increase the awareness of transit availability and frequency. • Transit tracker display, plus electrical connection and installation: +/- $7,500 each x 2 = $15,000 FINDING: Based on the analysis above, this standard is not satisfied. CONDITIONS: • Prior to issuance of building permits, the applicant shall work with Tri-Met to finalize new bus routes to the Mall that reduce conflicts between cars and buses on Mall property. The applicant shall be responsible for the cost of any new bus stops and amenities necessary to support the new route(s). • Prior to issuance of building permits, the applicant shall sign a consent to allow Tri-Met to place a port-a-potty at the transit center. This facility will be locked and available for use by Tri-Met personnel only. If the applicant desires a more permanent structure, Tri-Met will work with the applicant to produce an agreeable design, provided the applicant bears the cost of construction over and above the cost of a port-a-potty facility. • Prior to issuance of building permits, the applicant shall coordinate with Tri-Met to determine the two best locations and types of display to provide real-time bus arrival information to Mall patrons and employees. The display inside the Mall will require a high speed Internet connection. The applicant will assist Tri-Met in the installation of the two information displays and ensure their continued operation. The applicant shall bear the cost of these improvements. D. STREET AND UTILITY IMPROVEMENTS STANDARDS Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: NOTICE OF TYPE II DECISION SDR2003-00012NVASHINGTON SQUARE EXPANSION PAGE 29 OF 43 Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Section 18.630.100 references the street and accessway standards from the Recommended Roadway Functional Classification Map and Street Cross Sections in the Washington Square Regional Center Plan. These recommendations shall govern the improvement and construction of major streets within the Washington Square Regional Center. Greenburg Road SW Greenburg is designated in the City's Transportation System Plan as a 4/5 lane arterial with bike lanes and 10-foot-wide sidewalks. The road is maintained by Washington County. The ROW requirement for Greenburg Road is 104 feet or 52 feet from centerline. Right-of-way varies in this segment between Highway 217 and Hall Boulevard from 30 to 65 feet from centerline. The roadway has been improved and there is an existing sidewalk along the project's frontage, although there is no bikeway facility at this time. Bikeway facilities are discussed and conditioned as necessary later in this decision. The current ROW width does not meet this standard in certain segments. The applicant will need to dedicate additional right-of-way as necessary to meet this standard. Physical improvement of this right-of-way is not timely due to the fact that the applicant is not proposing any changes within or near the affected roadway area and that such improvements should occur as part of a larger road improvement project to ensure an orderly transition between roadway segments. There is approximately 8,700 square feet of right-of-way required. Hall Boulevard SW Hall Boulevard is designated as a 4/5 lane arterial with bike lanes and 10-foot-wide sidewalks and is under ODOT jurisdiction. The ROW requirement for Hall Boulevard is 104 feet or 52 feet from centerline. Existing right-of-way varies in this segment between Highway 217 and Hall Boulevard from 40 to 68 feet from centerline. The roadway has been fully improved to an interim three-lane width. There is an existing sidewalk along the frontage of this site. The current ROW width does not meet this standard so the applicant may need to dedicate additional ROW as appropriate. The ROW dedication on Hall Boulevard will need to be coordinated with ODOT. The only affected areas where right-of-way would be required are at the two Mall access roads (#2 and #3) and the amount of dedication would equate to approximately 1,748 square feet. Scholls Ferry Road SW Scholls Ferry Road is designated as a 7 lane arterial with bike lanes and 10-foot-wide sidewalks for a total right-of-way need of 128 feet. The right-of-way for Scholls Ferry Road is combined with the Highway 217 right-of-way within the applicant's project frontage. Designs for the highway 217 expansion are not available, and no right-of-way dedication requests have been made by ODOT for this portion of Scholls Ferry Road. It appears that adequate right-of- way is present for this street segment. There are no sidewalks along this portion of Scholls Ferry Road, and will be discussed and conditioned as necessary later in this decision. The applicant has not proposed constructing new streets or development within areas subject to major street improvements (i.e. freeway overcrossings, realignment and public dedication of internal Mall roads). It is the intention of the City that certain roads within the Mall will eventually be converted to public streets as redevelopment occurs and other uses are constructed within the Mall area. With regard to the Transportation System Plan prescribed for the regional center, there are two significant improvements that are identified within the Mall property that are essential for the overall transportation system to handle the resulting traffic generation from NOTICE OF TYPE II DECISION SDR2003-00012/WASHINGTON SQUARE EXPANSION PAGE 30 OF 43 improvements throughout the entire regional center. It is not roughly proportionate to require full construction of these improvements with this project, and will ultimately require some combination of private and public funding to make the improvements feasible. These improvements include an extension of SW Locust Street through the Mall property, west across Highway 217 and ultimately connecting to SW Nimbus Road. The other major improvement is a bridge extension over Highway 217 from the northern Mall circulation road, located behind the Target Store, to SW Nimbus Road on the north side of SW Scholls Ferry Road. As this proposal represents an expansion of less than 20% to the existing development of the site, full compliance is not required, however, opportunities to move the site closer to compliance cannot be overlooked, to the extent that the required exaction is related and proportionate to the impacts associated with the proposed development. The applicant's traffic analysis indicates that the net new daily trips will be 1,625 trips. Clearly there is a level of impact to the roadway system. The applicants traffic analysis does conclude that based on the existing facilities in the area, no intersection improvements are warranted. However, the distinction between a warranted improvement (a correction required by traffic modeling standards to address deficiencies in the traffic operating level of service) versus mitigation measures for impacting the transportation system is an important one. While traffic engineering standards may not trigger a requirement for an intersection improvement, mitigation may include street or pedestrian enhancements which benefit the overall system. The applicant has proposed enhancements to the pedestrian walkways within the Mall. The Washington Square Regional Center Task Force examined several public facility improvements that are required to improve overall efficiency of the transportation network. Their recommendations were adopted by City Council into the Washington Square Regional Center Phase II Implementation Plan. The Engineering staff has examined these improvements, and has found that the following contribution is of the highest priority with the most direct benefit and strongest nexus to the proposed development. The proportionality of this exaction is evaluated further in 18.390, later in this decision. Evaluate and develop signal timing improvements on Greenburg Road between Highway 217 and the Washington Square Mall (217 off ramp, Access Road #7, and Locust Street intersections). Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. This site lies adjacent to SW Hall, Scholls Ferry, and Greenburg Roads, as well as Highway 217. These roadways are fully improved with curbs gutters and sidewalks, with the exception of a segment of SW Scholls Ferry which lies within state highway right-of-way where no sidewalks are provided. To meet this standard, the applicant will be required to install sidewalks along the east side of Scholls Ferry Road along the project frontage, between the Mall ring road exit and the Scholls Ferry overcrossing. This is an approximate 1,425 linear foot distance. Location, design and placement of this sidewalk will be subject to ODOT approval. If ODOT determines that a sidewalk is not warranted or desired in this location, this requirement will be nullified. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. All sewers serving this development are private. The applicant indicates that some of the sewer lines will be relocated and new easements granted. This will be under the building permit. NOTICE OF TYPE II DECISION SDR2003-00012/wASHINGTON SQUARE EXPANSION PAGE 31 OF 43 Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 2000 and including any future revisions or amendments). The applicant has indicated that the expansion will not add any new impervious surface area. There will be some realignment of storm lines (under the building permit), but the amount of flow and discharge point will remain the same. Therefore, water quality and quantity are not required. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage agency in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide on-site detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. The applicant has indicated that the expansion will not add any new impervious surface area. There will be some realignment of storm lines (under the building permit), but the amount of flow and discharge point will remain the same. Therefore, water quality and quantity are not required. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. SW Scholls Ferry and SW Hall already are provided with bike facilities. SW Greenburg Road is deficient and is designated as a proposed bike facility. There is inadequate total right-of-way along the entire stretch of Greenburg to install a bike facility in the correct location. The applicant will be required to provide funds for future striping of the bike lane when one is constructed. Cost of Construction: Section 18.810.110.B states that development permits issued for planned unit developments, conditional use permits, subdivisions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements. The striping of the bike lane adjacent to this site should be delayed until more of the roadway is improved. The applicant should contribute funds to the City, however, to cover the cost of the future striping along the frontage of this site. NOTICE OF TYPE II DECISION SDR2003-00012NVASHINGTON SQUARE EXPANSION PAGE 32 OF 43 The amount of the striping would be as follows: 1,280 feet of 8-inch white stripe © $2.50/If $3,200.00 32 Mono-directional reflective markers © $4.00/ea. $ 128.00 3 Bike lane legends @ $175/ea. $ 525.00 3 Directional mini-arrows $100/ea. $ 300.00 TOTAL: $4,153.00 Minimum Width: Section 18.810.110.0 states that the minimum width for bikeways within the roadway is five feet per bicycle travel lane. Minimum width for two-way bikeways separated from the road is eight feet. The bike lane will be constructed to this standard when the facility can be constructed, as sufficient right-of-way is acquired or dedicated and improvements occur along SW Greenburg. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under-grounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. The expansion will draw its power from the existing utility connection to the main part of the Mall. The Mall obtains its power from the transformer substation across Highway 217, and all lines are already underground, therefore, no undergrounding requirement will apply. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Traffic Study Findings: As was stated previously, a traffic impact report was submitted by Kittleson & Associates. The Traffic Impact Analysis Report prepared by Kittelson & Associates, Inc., dated September 2003 looked at existing and future traffic conditions at the 8 existing intersections serving the development. Weekday p.m. and Saturday peak period trips were forecasted for years 2005 and 2010. Based on their study there were two recommendations. The first recommendation is to maintain landscaping along the site frontage to ensure adequate sight distance at the site-access driveways. The second recommendation is that the need for a traffic signal at Access 5 on Greenburg Road should be monitored in the future approaching year 2010. NOTICE OF TYPE II DECISION SDR2003-00012/WASHINGTON SQUARE EXPANSION PAGE 33 OF 43 Washington County, who has maintenance jurisdiction over Greenburg and Scholls Ferry Road, reviewed the Traffic Impact Analysis and found it to be incomplete. The applicant is required to provide a map showing all accesses (with the exception of single family) within the project influence area; provide a traffic safety study for Greenburg Road/Locust intersection; and provide further analysis of Greenburg Road/Washington Square Road intersection. The applicant bears the responsibility of meeting the County's Traffic Access Report requirements, and satisfying any necessary mitigating conditions of the county's approval. Written sign-off of the Access Report from the County will be required prior to commencing construction. Public Water System: This site lies within the Tualatin Valley Water District service area. TVWD did not respond to request for comments, nevertheless it is the applicant's responsibility to acquire all necessary approvals from TVWD prior to construction. The applicant indicates that no upsizing or increase flow is required for domestic or fire suppression needs. It appears the applicant will be able to utilize the existing water service to the site. No additional public water line work is necessary. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. As noted previously, there is no net increase in impervious area. Therefore, water quality facilities are not required. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb five or more acres of land. The Building Division will review a grading and erosion control plan as a part of the Site Permit process. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of$50.00 per address shall be assessed. This fee shall be paid to the City prior to issuance of the site permit issuance of the site permit. For multi-tenant buildings, one address number is assigned to the building and then all tenant spaces are given suite numbers. The City is responsible for assigning the main address and suite numbers. This information is needed so that building permits for tenant improvements can be adequately tracked in the City's permit tracking system. Based upon the information provided by the applicant, this building will be a multi-tenant building. Prior to issuance of the site permit, the applicant shall provide a suite layout map so suite numbers can be assigned. The addressing fee will then be calculated based upon the number of suites that must be addressed. In multi-level structures, ground level suites shall have numbers preceded by a "1", second level suites shall have numbers preceded by a "2", etc. NOTICE OF TYPE II DECISION SDR2003-00012/\ASHINGTON SQUARE EXPANSION PAGE 34 OF 43 FINDING: The Street and Utility Improvement Standards have not been met. By meeting the following conditions these standards can be met. CONDITIONS: • Prior to final building inspection, the applicant shall evaluate and develop signal timing improvements as may be required by ODOT and Washington County on Greenburg Road between Highway 217 and the Washington Square Mall (217 off ramp, Access Road #7, and Locust Street intersections). • Prior to issuance of building permits, the applicant shall coordinate with ODOT regarding the construction of sidewalks along the east side of Scholls Ferry Road along the project frontage, between the Mall ring road exit and the Scholls Ferry/Hwy. 217 overcrossing. If ODOT determines that this sidewalk is not feasible or warranted, the applicant shall provide the City with a written statement from ODOT to that effect. • Prior to final building inspection, the applicant shall have completed construction of the sidewalk along SW Scholls Ferry Road. • Prior to issuance of building permits, the applicant shall provide funds (presently estimated at $4,153.00) for future striping of the bike lane. • Prior to issuance of any building permit, the applicant shall dedicate right- of-way, as necessary along the frontages of SW Hall Boulevard and SW Greenburg Road to make the total right-of-way width 52 feet from centerline. • Prior to issuance of building permits, the applicant shall satisfy the requirements of Section I of Washington County's Land Use and Transportation Department's letter dated November 14, 2003 (and repeated at the end of this decision under "Agency Comments") and provide written confirmation from the county that their requirements have been satisfied. • Prior to issuance of building permits, the applicant shall acquire all necessary approvals from TVWD. • Prior to issuance of building permits, the applicant shall provide a suite layout map so suite numbers can be assigned. The addressing fee ($50 per address) will then be calculated based upon the number of suites that must be addressed. In multi-level structures, ground level suites shall have numbers preceded by a "1", second level suites shall have numbers preceded by a '2", etc. • Prior to issuance of building permits, the applicant shall coordinate with TVFR with regard to fire suppression needs, fire hydrant placement, and other structural modifications as necessary to meet the Uniform Fire Code. Some of these considerations are stated under "Agency Comments" at the end of this decision. E. IMPACT STUDY Section 18.360.090 states, "The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions or denying an application:" Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. NOTICE OF TYPE II DECISION SDR2003-00012/wASHINGTON SQUARE EXPANSION PAGE 35 OF 43 In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. Section 18.390.040 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The applicant has provided an impact study addressing the project's impacts on public systems. The Washington County Traffic Impact Fee (TIE) is a mitigation measure that is required at the time of development. Based on a transportation impact study prepared by Mr. David Larson for the A-Boy Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of new development on the Collector and Arterial Street system. Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is the TIF divided by 0.32. The difference between the TIF paid, and the full impact, is considered the unmitigated impact on the street system. While the applicant will be required to pay TIFs only for the square footage of the retail shell building, subsequent tenants have the ability to improve the second floor for retail or storage space, and the assessment of impact should examine the total square footage and resulting TIF. The TIF is based on first determining the land use type. In this case, the total gross square footage is used to find that "Shopping Center between 1,000,000 and 1,200,000 square feet" is the right land use type, generating 32.82 weekday average trips per thousand gross leasable square feet. In this case, the expansion will add 141,720 leasable square feet. The trip charge for commercial uses is $64 per trip. Based on these figures (32.82 X 141.72 X $64), the TIF would be approximately $297,680. A fee that would cover 100% of the unmitigated impact would be $930,250 (297,680_0.32). The unmitigated impact of this project on the transportation system is therefore, $632,570 ($930,250-$297,680). For purposes of evaluating the proportionality of the required exactions, the city uses an estimated value. The final value of these exactions may differ based on a fair market appraisal. The following lists the off-site exactions that are being imposed on the applicant and their estimated value: Right-of-way dedications to Hall: 1,748 s.f. @ $15.00 s.f. $ 26,220 Right-of-way dedications to Greenburg: 8,700 s.f. @ $15.00 s.f. $130,500 Right-of-way dedications to Scholls Ferry: none $ 0 Signal timing evaluation and correction: lump sum $ 50,000 Sidewalks on Scholls Ferry 1,425 If for a 10' wide sidewalk @ $3.75 s.f. $ 53,438 Bike Lane Striping $ 6,343 Transit Center Improvements $ 74,000 TOTAL: $340,501 As the value of the proposed improvements is less than the remaining unmitigated impact, it is clearly proportionate to exact these improvements. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Police Department has reviewed the proposal and their comments have been incorporated into the findings under Sections 18.360. The City of Tigard Urban Forester has reviewed the proposal and his comments have been incorporated into the findings under Chapters 18.745 and 18.790. NOTICE OF TYPE II DECISION SDR2003-00012NVASHINGTON SQUARE EXPANSION PAGE 36 OF 43 SECTION VIII. AGENCY COMMENTS Washington County has reviewed the proposal and noted that the Traffic Study was not complete for their review purposes. Specific requirements for the traffic study are set forth in the discussion under "Additional City And/Or Agency Concerns With Street And Utility Improvement Standards" above. Additional comments are provided below, including the County's required conditions for development. Washington County Department of Land Use and Transportation has received a copy of the above noted land use application. The subject site fronts on SW Greenburg Road a County- maintained Arterial. The site also fronts on SW Scholls Ferry Road, however, at this location Scholls Ferry Road is under ODOT jurisdiction. Access to the development from SW Greenburg Road is proposed/existing and is therefore subject to County approval. BACKGROUND INFORMATION AND REQUIRED FINDINGS 1. ACCESS SPACING: Section 501-8.5 of the Washington County Community Development Code states that access onto any County road in the unincorporated or incorporated urban area shall be permitted only upon issuance of an access permit upon demonstration of compliance with the provisions of the County road standards and the standards of Section 501. SW Greenburg Road, along the development site's frontage is a County Urban Arterial Roads. CDC 501-8.5.B(4) states that direct access to arterial roads shall be from collector or other arterial streets except when collector access is found to be unavailable and impracticable by the director. The required minimum spacing standard for access to SW Greenburg Road is 600 feet. No new access points are proposed for this development. However, several existing access points do not meet the minimum access spacing standard of 600 feet. Since no new access points are proposed, the minimum access spacing standard will be addressed through the County Traffic Engineers Review of a COMPLETE Access Report. The County reserves the right to impose additional requirements for accesses and impacts to County Roads following the County Traffic Engineers Review. 2. SIGHT DISTANCE: Resolution and Order 86-95, Section 210.7 of the Washington County Uniform Road Improvement Design Standards and Washington County Community Development Code require adequate intersection sight distance be provided at a site's access(es) to a County road in accordance with the standards of Section 501-8.5.F of the Washington County CDC. In brief, these standards require a minimum sight distance (measured in feet) equal to ten times the vehicular speed of the road at each proposed access location to a County or public road to ensure that this minimum traffic safety improvement is met. Since no new access oints are proposed, sight distance requirements will be addressed through the County Traffic Engineers Review of a COMPLETE Access Report. The County reserves the right to impose additional requirements for accesses and impacts to County Roads following the County Traffic Engineers Review. 3. SIDEWALKS: Consistent with statewide pedestrian circulation/linkage goals of the Transportation Planning Rule and the County's R&O 86-95 (road safety requirements), the County requires sidewalk installation as a minimum road safety improvement along site frontage of all County-maintained roads. Sidewalks help to establish future street profiles, demarcate County or City right-of-way, and address drainage issues. Sidewalks are generally required, even when sidewalk is not currently present on neighboring properties. Even a non-contiguous sidewalk is considered to provide some measure of pedestrian refuge and ideally, makes possible eventual connection of sidewalks (as surrounding development takes place). Sidewalks exist along the proposed development frontages [City of Tigard comment: this is only in respect to frontages along County Maintained Roads]. Therefore, this criterion is met. NOTICE OF TYPE II DECISION SDR2003-00012M/ASHINGTON SQUARE EXPANSION PAGE 37 OF 43 4. RIGHT-OF-WAY: Section 501-8.4 of the Washington County CDC states that dedication of right-of-way shall be required pursuant to the classification of the facility as designated by the Washington County Transportation Plan and based upon the County Road Standards. According to the Washington County Transportation Plan, SW Greenburg along the development site's frontage is a County Urban Arterial Road. The Road Standards requires 98 feet of right-of-way (total). Existing right-of-way along the site frontage varies from 42 feet to 50 feet from centerline; 49 feet of right-of-way from centerline is required. Existing right-of-way at certain locations is inadequate. To comply with the County standard for an Arterial Roadway, additional right-of-way must be dedicated along the site's frontage on SW Greenburg Road that meets the 49 feet of right-of-way from centerline requirement. [City of Tigard Comment: The City's standard for right-of-way is 52 feet from centerline, which takes precedent.] 5. DRAINAGE: The Washington County Road Improvement Design Standards and Washington County CDC Section 501-8.1.0 require the provision of adequate roadway drainage as a critical service for developments abutting County or public roads. Currently, roadway drainage along the site's frontage is existing and acceptable. This criterion is met. 6. TRAFFIC SAFETY REVIEW: Washington County requires submittal of a(n) traffic safety review/Access Report when estimated daily trip generation of a project and existing traffic levels (see Table 1, below) on the adjacent County road exceed given limits as determined by R&O 86-95. TABLE 1 Access Report and Review by County Traffic Engineer Required if: Vehicles per DiTVPD) on Calculated Average Daily Trips (ADT) of Adjacent Frontage Road Proposed Use ]Based on Institute of Transportation IT E) Calcs) 0 - 3,000 VPD and ■ 2,000 ADT or More 3001 —6,000 VPD and ■ 1,000 —1,999 ADT 6,001 VPD or More and ► 500 —999 ADT Calculated *trip generation of this development and current usage levels of SW Greenburg Road at this location exceed these limits (as defined in the above TABLE 1). The applicant is required to submit an Access Report for review by the County Traffic Engineer. An Access Report (Traffic Impact Analysis dated September 2003 by Kittelson & Associates Inc.) was submitted with the application. However, the Access Report was deemed INCOMPLETE per Ning Zhou correspondence of November 5, 2003 (attached). Therefore, the applicant must submit a COMPLETE Access Report. The County reserves the right to require additional conditions for access to SW Greenburg Road following the County Traffic Engineer's review of the Access Report. If the Traffic Engineer's review and resultant Traffic Staff Report have not been completed prior to issuance of the City's Decision, please require the following statement within the City's Approval document: "Compliance with conditions deemed necessary by the County Traffic Engineer via the required Access Report." REQUIRED CONDITIONS OF APPROVAL Road improvements required along site frontage shall apply to frontage of all land within the subject site that abuts the County roadway. The subject site shall be considered to include: any lot or parcel to be partitioned or otherwise subdivided (regardless of whether it contains existing structures or not); and any contiguous lots or parcels that constitute phases of the currently proposed development. NOTICE OF TYPE II DECISION SDR2003-00012ANASHINGTON SQUARE EXPANSION PAGE 38 OF 43 If the applicant proposes to develop the project in phases, all County-required frontage improvements must be constructed with the first phase. In addition, off-site improvements warranted by the first phase must also be completed with the first phase. I. PRIOR TO ISSUANCE OF BUILDING PERMITS BY THE CITY OF TIGARD: A. Submit a COMPLETE access report consistent with R&O 86-95 to the Washington County Engineering Division for review and approval for access to SW Greenburg Road. B. The following shall be recorded with Washington County (Contact Jamil Kamawal, Survey Division at 503 846-7932): 1. Dedication of additional right-of-way to provide 49 feet from centerline of SW Greenburg Road . C. Submit to Washington County Land Development Services Public Assurance Staff, (503) 846-3843: 1. Completed "Design Option" form. 2. $2,500 Administration Deposit. NOTE: Any portion of the Administration Deposit not used by Washington County for plan approval, field inspections, and contract administration will be returned to the applicant. If at any time during the project, the County's costs are higher than the amount deposited, Washington County will bill the applicant the amount needed to cover its costs. 3. A copy of the City's Land Use Approval with Conditions, signed and dated. 4. Preliminary certification of adequate sight distance for approved access points to SW Greenburg Road, in accordance with County Code, prepared and stamped by a registered professional engineer, as well as: a. A detailed list of improvements necessary to produce adequate intersection sight distance. 5. Three (3) sets of complete engineering plans for construction of the following public improvements: a. Any additional off-site safety improvements found to be required for compliance with R&O 86-95 following submittal by the applicant of a complete Access and completion of the County Traffic Engineer's review of such. D. Obtain Washington County Departmental approval, provide financial assurance, and obtain a Facility Permit for: Construction of the public improvements listed in Conditions I.C.5.a. NOTE: The Public Assurance staff of Land Development Services will send the required forms to the applicant's representative after submittal and approval of the public improvement plans. The Facility Permit allows construction work within County rights-of-way and permits site access after submittal and Departmental approval of engineering plans, and approval of erosion control permits. Issuance of the Facility Permit is also subject to the completion of the County Assurances Division requirements including but not limited to execution of financial and contractual agreements. This process ensures that the responsibility for construction of public improvements is accepted, and that improvements in the public right-of-way are monitored, inspected, and built to County standard in a timely manner. II. PRIOR TO OCCUPANCY: A. The road improvements required in condition I.C.5.a, above, shall be completed and accepted by Washington County. B. Upon completion of necessary improvements, provide final certification of adequate sight distance in accordance with County Code, prepared and stamped by a registered professional engineer. NOTICE OF TYPE II DECISION SDR2003-00012/WASHINGTON SQUARE EXPANSION PAGE 39 OF 43 Requirements identified within this letter are considered by the County to be minimum warranted improvements (and/or analyses) that are necessitated by the proposed development, therefore it is requested that they be conveyed to the applicant within the City's Approval document. Before the City issues its Final Notice of Decision, please allow the County to review and acknowledge a draft of the City's conditions regarding access to SW Greenberg Road. Additionally, please send a copy of the subsequent Final City Notice of Decision and any appeal information to the County. Thank you for the opportunity to comment. Please call Joy Chang at (503) 846-3873 with any questions you may have regarding the County review of this proposal. Contact Bob Morast (503) 846-7955 or Greg Miller (503) 846-7924 of the County's Engineering Division with technical questions with regard to the Washington County Road Improvement Design Standards. The Oregon Department of Transportation (ODOT) has reviewed the proposal and offers the following comments: The proposed expansion will result in a change of use of existing state highway access locations on Hall Boulevard and Scholls Ferry Road. We request the City require the applicant to demonstrate that they have obtained new ODOT Approach Road Permits for the proposed use. The City of Beaverton has reviewed the proposal and offers the following comments: . The impacts on Beaverton streets will be minor. From a traffic standpoint, there will be some traffic impacts at the principal Mall entrances. However, those impacts are not great. These locations are all on ODOT or County roads and we are comfortable to leave any conditions of approval to ODOT and County and Tigard. At the Hall/Scholls intersection, the increase in traffic volumes will be roughly 1%. Under Beaverton codes, this puts the Hall/Scholls intersection outside the Area of Influence and no traffic review is required. Therefore, we have concluded that all intersections on City of Beaverton streets will experience only minor increases as a result of the proposed expansion. There are no direct impacts to the City of Beaverton utility system. This project is all within the TVWD service area; storm and sanitary flows to south away from Beaverton. Tri-Met has reviewed the proposal and their comments have been incorporated into the findings under Sections 18.360. Tualatin Valley Water District (TVWD) has reviewed the proposal and offered the following comments: TVWD has no objections to the project. We have the following comments however. Section 18.390-19 "Water System" We agree that there is minimal impact to the water demand. The statement that "the water system will be realigned to the outer ring road..." may be misleading. Sheet 7.0 (Composite Utility Plan) shows realignment to the inner ring road (probably just a nomenclature issue.) TVWD needs three sets of detailed construction plans for review and approval prior to start of project work. Tualatin Valley Fire and Rescue (TVF&R) has reviewed the proposal and offered the following comments: Although the project is not in complete conformance with our fire prevention ordinance, Tualatin Valley Fire & Rescue endorses this proposal predicated on the following criteria and conditions of approval: 1) Access roads shall be within 150 feet of all portions of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building. An approved turnaround is required if the remaining distance to an approved intersecting roadway, as measured along the fire apparatus access road, is greater than 150 feet. (UFC Sec. 902.2.1) NOTICE OF TYPE II DECISION SDR2003-00012NVASHINGTON SQUARE EXPANSION PAGE 40 OF 43 2) Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved turnaround. Diagrams of approved turnarounds are available from the fire district. (UFC Sec. 902.2.2.4) 3) Access roadways shall not be closer than 20 feet to a structure unless topographical , restrictions dictate the location. (UFC Sec. 902.2.1) 4) When buildings are completely protected with an approved automatic fire sprinkler system, the requirements for fire apparatus access may be modified as approved by the Chief. (UFC Sec. 902.2.1 Exception 1) 5) Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (15 feet for one or two dwelling units and out buildings), and an unobstructed vertical clearance of not less than 13 feet 6 inches. (UFC Sec. 902.2.2.1) 6) Fire apparatus access roads shall be of an all-weather surface that is easily distinguishable from the surrounding area and is capable of supporting not less than 12,500 pounds point load (wheel load) and 50,000 pounds live load (gross vehicle weight). You may need to provide documentation from a registered engineer that the design will be capable of supporting such loading. Documentation from a registered engineer that the finished construction is in accordance with the approved plans or the requirements of the Fire Code may be requested. (Design criteria on back) (UFC Sec. 902.2.2) 7) The inside turning radius and outside turning radius shall be not less than 25 feet and 45 feet respectively, measured from the same center point. (UFC Sec. 902.2.2.3) — (See diagrams on back)Where required, fire apparatus access roadway curbs shall be painted yellow and marked "NO PARKING FIRE LANE" at each 25 feet. Lettering shall have a stroke of not less than one inch wide b six inches high. Lettering shall be white on red or black on yellow background. (UFC Sec. 901.4.5.2) Fire lane striping and "No Parking" signs will be specified upon receipt of final site and circulation plans. 9) The required fire flow for the building shall not exceed 3,000 gallons per minute (GPM) or the available GPM in the water delivery system at 20 psi, whichever is less. A worksheet for calculating the required fire flow is available from the Fire Marshal's Office. (UFC Sec. 903.3) 10) No portion of the exterior of a commercial building shall be located more than 250 feet from a fire hydrant when measured in an approved manner around the outside of the building and along an approved fire apparatus access roadway. Any hydrants that are left over from the minimum number of hydrant calculations may be full filled by hydrants that are up to 500 feet from any point of the building. The fire Prevention Ordinance has further requirements that need to be used for acceptance and placement of fire hydrants. (UFC Sec. 903.4.2.1) 11) The minimum number of fire hydrants for a building shall be based on the required fire flow prior to giving credit for fire protection systems divided by 1500. If the answer is equal to or greater than x.5 the next whole number of hydrants shall be used. There shall not be less than 2 hydrants per building. (UFC Sec. 903.4.2.1) Provide a Storz connection at each fire hydrant steamer connection Considerations for placing fire hydrants shall be as follows: • Existing hydrants in the area may be used to meet the required number of hydrants; however, hydrants that are over 500 feet away from the nearest point of the subject building shall not contribute to the required number of hydrants. • Hydrants that are separated from the subject building by railroad tracks shall not contribute to the required number of hydrants. • Hydrants that are separated from the subject building by divided highway, freeway, or heavily traveled collector streets shall not contribute to the required number of hydrants. • Hydrants that are accessible only by a bridge shall be acceptable to contribute to the required number of hydrants only if approved by the Chief. • Private hydrants or public hydrants that are on adjacent private property shall not contribute to the required number of hydrants for the subject building. NOTICE OF TYPE H DECISION SDR2003-00012NVASHINGTON SQUARE EXPANSION PAGE 41 OF 43 Exce tion: The use of hydrants located on other private property may be considered I their locations and access are encumbered in a legal document (such as deed restriction) by the owners of the involved parcels of property. The encumbrance may be lifted only after approvals by the Chief on behalf of the fire department and any other governmental agencies that may require approval. When evaluating the placement of hydrants at apartment or industrial complexes the first hydrant(s) to be placed shall be at the primary access and any secondary access to the site. After these hydrants have been placed other hydrants shall be sited to meet the above requirements for spacing and minimum number of hydrants. (UFC Sec. 903.4.2.1.1) 12) Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access roadway. (UFC Sec. 903.4.2.4) 13) Fire hydrant locations shall be identified by the installation of reflective markers. The markers shall be blue. They shall be located adjacent and to the side of the centerline of the access road way that the fire hydrant is located on. In case that there is no center line, then assume a centerline, and place the reflectors accordingly. (UFC Sec. 901.4.3 14) A fire hydrant shall be located within 70 feet of a fire department connection (FDC). Fire hydrants and FDC's shall be located on the same side of the fire apparatus access roadway. (UFC Sec. 903.4.2.5) FDC locations shall be approved by the Chief. (1996 Oregon Structural Specialty Code, Sec. 904.1.1) Fire department connections shall be located out of its respective buildings fall zone. FDCs shall be labeled to indicate the building they serve. 15) Fire department connections shall not be located on the building that is being protected with the exception of Group R, Division 1 Occupancies not over 4 stories in height. (UFC Sec. 903.4.2.5)Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any other construction on the site or subdivision. (UFC Sec. 8704 17) A Knox Box for building access is required for this building. Please contact the Fire Marshal's Office for an order form and instructions regarding installation and placement. (UFC Sec. 902.4) 18) A building survey and plans, in accordance with TVF&R Ordinance 99-01, Appendix III-F, shall be submitted. A copy of Appendix III-F, the building survey form and the instructions are available on the Fire District web site at www.tvfr.com. (UFC Appendix III-F) SECTION IX. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON DECEMBER 24, 2003 AND BECOMES EFFECTIVE ON JANUARY 10, 2004 UNLESS AN APPEAL IS FILED. Appeall: The decision of the Director (Type II Procedure) or Review Authority (Type II Administrative Appeal or Type III Procedure) is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. NOTICE OF TYPE II DECISION SDR2003-00012/WASHINGTON SQUARE EXPANSION PAGE 42 OF 43 Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON JANUARY 9, 2004. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. December 24, 2003 PREPARED BY: Morgan Tracy DATE Associate Planner December 24, 2003 APPROVED BY: Richard H. Bewersdorff DATE Planning Manager i:\curpin\morgan\workspace\sdr\sdr2003-00012(washington square exp)\sdr2003-00012 final dedsion.doc NOTICE OF TYPE II DECISION SDR2003-00012NVASHINGTON SQUARE EXPANSION PAGE 43 OF 43 CITY OF TIGARD Community Development Shaping A(Better Community LAND USE PROPOSAL DESCRIPTION 120 DAYS = 5/25/2006 FILE NO.: SITE DEVELOPMENT REVIEW (SDR) 2005-00009 FILE TITLE: WASHINGTON SQUARE MALL EXPANSION APPLICANT: Macerich Company OWNER: PPR Square Too LLC c/o Rick Beason 401 Wilshire Boulevard, Suite 700 401 Wilshire Boulevard, Suite 700 Santa Monica, CA 90401 Santa Monica, CA 90401 APPLICANT'S Greg Hathaway REP.: Davis Wright Temaine LLP 1500 SW Fifth Avenue, Suite 2300 Portland, OR 97204 REQUEST: The applicant is requesting Site Development Review for a major modification to the conditions of approval for SDR2003-00012. In this decision, which became effective January 10, 2004, the City approved a114,760 square foot expansion of retail space to the Washington Square Mall, as well as a 197,930 square foot 2-level parking garage west of the proposed expansion, and a 161,490 square foot 4-level parking garage to the south of the expansion. The applicant specifically requests deletion of that portion of Condition 4C relating to the dedication of frontage along Greenburg Road (Access Roads 6 and 7, Square Too). Deletion of this dedication requirement is requested to make the proposed improvements proportional to the unmitigated impacts of the expansion. LOCATION: 10108 SW Washington Square Road @ SW Greenburg Road; WCTM 1 S135BA, Tax Lot 00102. ZONE: MUC: Mixed Use Commercial District. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 unites per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.630 and 18.705. DECISION MAKING BODY BELOW: ❑ TYPE I ® TYPE II ❑ TYPE III ❑ TYPE IV 1' DATE COMMENTS WERE SENT: FEBRUARY 1, 2006 DATE COMMENTS ARE DUE: FEBRUARY 15, 2006 I 1HEARINGS OFFICER (MON.) DATE OF HEARING: TIME: 7:00 PM n PLANNING COMMISSION (MON.) DATE OF HEARING: TIME: 7:00 PM l CITY COUNCIL (TUES.) DATE OF HEARING: TIME: 7:30 PM STAFF DECISION (TENTATIVE) DATE OF DECISION: MARCH 23, 2006 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION Z VICINITY MAP 7 DRAINAGE PLAN ❑ IMPACT STUDY ® SITE PLAN ❑ STORM WATER ANALYSIS ❑ TRANSPORTATION STUDY ® NARRATIVE I I TREE PLAN ® OTHER: MISCELLANEOUS STAFF CONTACT: Gary Paqenstecher, Associate Planner (503) 639-4171, Ext. 2434 December 2, 2005 CITY OF TIGARD Rick Beason OREGON do The Macerich Company 401 Wilshire Boulevard, Suite #700 Santa Monica, CA 90401 RE: Completeness Review-Washington Square Mall Expansion Modification to Conditions of Approval No. 4C and 11 (Case File No. SDR2005-00009) Dear Mr. Beason: The City has received your application for Site Development Review (SDR2005-00009) to modify the City's decision permitting the Washington Square Mall Expansion (File No. SDR2003-00012). Staff has completed a preliminary review of the submittal materials and has determined that some elements necessary for the review have not been submitted. In order to deem the application complete, for purposes of establishing the state mandated 120- day rule, the following items are required: Basic Information. Please refer to the enclosed Basic Submittal Requirements for land use applications. Although you have included many of these items, others should be borrowed from the original application and be resubmitted for this application to be deemed complete. V° Pre-Application Conference. Please include a copy of the Pre-Application Conference notes or other documentation of discussions with the City regarding your proposed modification. Site Plan for the Subject Property. Please provide a site plan for the subject property showing the relevant dedications and other features of the site that may be impacted, such as displaced parking and the consequent improvements that are referenced in the narrative. Impact Study. An impact study is required including a rough proportionality analysis when dedications of real property interests are involved. Your applicatication concerns the findings in the Directors Decision (SDR2003-00012) regarding this rule. Your narrative should provide a more detailed analysis of the issue, which includes the findings in the appraisal and references to the site plan. Please provide 3 copies of submittal materials for City review for completeness. 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772 Once this additional information is submitted, staff will review the additional materials to determine if the application is complete. Once the application has been deemed complete, you will be need to submit 6 (full set) copies of your revised and new materials (plan sets may be printed at 8 1/2 x 11 or 11 x 17 size as long as you include 3 copies of large set plans). In addition, you will be asked to provide two sets of pre-addressed (no return address), stamped (not metered), #10 size envelopes (addresses of property owners located within 500 feet must have been obtained from the City of Tigard within the previous three months from the date of application completeness). Once complete, the formal comment and review process will begin, which typically takes 6 to 8 weeks. It should be noted that staff has not reviewed the application submittal for compliance with the relevant code criteria, and that additional items may arise during the application review which may require further clarification. If you have any questions regarding your application, please don't hesitate to contact me at (503) 639-4171 ext. 2434. Sincerely, Gary Pagenstecher Associate Planner C: Gregory Hathaway (Applicant's Representative) SDR2005-00009 Land Use File is\curpin\gary\sdr\sdr2005-00009(washington square exp modification)\sdr2005-00009 incomplete.doc CITY OF TIGARD LAND USE APPLICATIONS BASIC SUBMITTAL REQUIREMENTS This checklist identifies the basic submittal requirements for a land use application. BASIC INFORMATION: ❑ Completed Master"Land Use Permit" Application with property owner's signature or name of agent and letter of authorization ❑ Title transfer instrument or grant deed ❑ Written summary of proposal ❑ Narrative demonstrating compliance with all applicable development standards and approval criteria (as specified in the Pre-Application Conference notes) ❑ Two (2) sets of stamped, addressed #10 envelopes for all owners of property within 500 feet of the subject property. Mailing envelopes shall be standard legal-size (#10), addressed with 1" x 4" labels (see envelope submittal requirements). Property owner mailing lists must be prepared by the City for a minimal fee (see request for 500' property owner mailing list form). ❑ Documentary evidence of Neighborhood Meeting for the following: Site Development Review, Subdivision, Conditional Use, Sensitive Lands Review, Zone Change, Comprehensive Plan Amendments. ❑ Neighborhood Meeting Affidavits of Posting & Mailing Notice, Minutes, Sign-in Sheets ❑ Service Provider Letter ❑ Impact Study per Section 18.390.040.B.2.(e) ❑ Copy of the Pre-Application Conference notes ❑ Filing Fee (see fee schedule) PLANS REQUIRED: In addition to the above basic information, each type of land use application will require one or more of the following maps or plans. PLEASE SUBMIT EACH OF THE PLANS CHECKED BELOW WITH YOUR APPLICATION (See separate attachment for details on what information to include on each plan): ❑ Vicinity Map ❑ Preliminary Grading/Erosion Control Plan ❑ Existing Conditions Map ❑ Preliminary Utilities Plan ❑ Subdivision Preliminary Plat Map ❑ Preliminary Storm Drainage Plan ❑ Preliminary Partition/Lot Line Adjustment Plan ❑ Tree Preservation/Mitigation Plan ❑ Site Development Plan ❑ Architectural Drawings (elevations &floor plans) ❑ Landscape Plan ❑ Sign Drawings ❑ Public Improvements/Streets Plan NUMBER OF COPIES REQUIRED: The City requires multiple copies of submittal materials. The number of copies required depends on the type of review process. FOR PURPOSES OF REVIEWING YOUR APPLICATION FOR COMPLETENESS, ONLY 3 COPIES ARE NEEDED. THE BALANCE OF THE COPIES WILL BE REQUESTED FROM YOU, ONCE DEEMED COMPLETE, TO MAKE YOUR APPLICATION SUBMITTAL COMPLETE. h:\patty\masters\application submittal requirements.doc UPDATED: 26-Jun-02 Project:; 2-4/1_4;.-C41245? LAND USE AP PLICATION o te _/ COMPLETENESS REVIEW COMPLETE X INCOMPLETE STANDARD INFORMATION: ..1,- 1., Deed/Title/Proof Of Ownership Nd . Neighborhood Mtg. Affidavits, Minutes, List Of Attendees [ Impact Study (18.390) AS USA Service Provider Letter #4+ . Construction Cost Estimate ❑ # Sets Of Application Materials/Plans I I Pre-Application Conference Notes ❑ Envelopes With Postage (Verify Count) PROJECT STATISTICS: /VI+ I I Building Footprint Size I I % Of Landscaping On Site ❑ % Of Building Impervious Surface On Site I I Lot Square Footage PLANS DIMENSIONED: /✓4 _.) Building Footprint ri Parking Space Dimensions(Include Accessible&Bike Parking) ❑ Truck Loading Space Where Applicable _} Building Height ❑ Access Approach And Aisle row..:, ❑ Visual Clearance Triangle Shown ADDITIONAL PLANS: /4/4 n Vicinity Map ❑ Architectural Plan [ Tree Inventory _J Existing Conditions Plan Li Landscape Plan 7 Site Plan S ■4✓ O L, ❑ Lighting Plan TREE PLAN/MITIGATION PLAN: n ❑ I1 ❑ ADDITIONAL REPORTS: (list any special reports) 1-1 C - ❑ - Li ❑ RESPONSE TO APPLICABLE CODE SECTIONS: ❑ 1 8.330(Conditional Use) Li 18.620(Tigard Triangle Design Standards) ❑ 1 8.765(Off-Street Parking/Loading Requirements) ❑ 1 8.340(Director's Interpretation) Li 18.630(Washington Square Regional Center) n 18.775(Sensitive Lands Review) n 1 8.350(Planned Development) I I 18.705(Access/Egress/Circulation) _ 1 8.780(Signs) 18.360(Site Development Review) 1 I 18.710(Accessory Residential Units) =_. 18.785(Temporary Use Permits) n 18.370(Variances/Adjustments) Li 18.715(Density Computations) _ 18.790(Tree Removal) 1 1 18.380(Zoning Map/Text Amendments) ❑ 18.720(Design Compatibility Standards) ❑ 18.795(visual Clearance Areas) ❑ 18.385(Miscellaneous Permits) C 18.125(Environmental Performance Standards) 1 8.797(Water Resources(WR)Overlay District) n18.390(Decision Making Procedures/Impact Study) I ❑ 1 8.730(Exceptions To Development Standards) ❑ 1 8.798(Wireless Communication Facilities) 1 8.410(Lot Line Adjustments) ❑ 18.740(Historic Overlay) ❑ 1 8.810(Street&Utility Improvement Standards) 1 I 18.420(Land Partitions) ❑ 1 8.742(Home Occupation Permits) U 1 8.430(Subdivisions) El 18.745(Landscaping&Screening Standards) n 1 8.510(Residential Zoning Districts) ❑ 1 8.750(Manufactured/Mobil Home Regulations) ❑ 1 8.520(Commercial Zoning Districts) ❑ 18.755(Mixed Solid Waste/Recycling Storage) I I 18.530(Industrial Zoning Districts) ❑ 1 8.760(Nonconforming Situations) ADDITIONAL ITEMS: I:\curpin\masters\revised\land use application completeness review.dot REVISED: 17-Jan-n1 ■„�/ WASHINGTON SQUARE January 25,2006 Gary Pagenstecher Associate Planner City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 Re: Macerich Company Major Modification of Site Development Review(SDR) SDR 2003-00012 Washington Square Mall Expansion Dear Gary: As we have discussed, I am attaching to this correspondence all of the items that you have requested to assist in your review of our Modification application: (1) a summary of the meeting notes from our pre-application conference held on September 15, 2005 regarding the filing of our Major Modification of SDR 2003-00012; (2) site plan, sheet 2.0 from our original SDR application for the expansion of Washington Square Mall; and (3) an impact statement describing the nature of our request. As requested, I am providing six(6)copies of these items. I am also delivering to the City all of the required notice envelopes with labels. Please let me know if you need anything further in the review of our request. We believe that our Modification request is consistent with the discussions we have had with City staff and your City Attorney in an attempt to remedy the proportionality issue. Thank you for your assistance and consideration. Very truly yours, THE MAC ' CH CO A'ANY I i • Rick Beason Development Manager cc: Greg Hathaway, Esq., Davis Wright Tremaine Overton(Skip)Kuhn,MaMich G O O D -r H I N G S H A P P E N Washington Square • Square Too 9585 S.W. Washington Square Road • Portland, OR 97223 • Phone 503.639.8865 • Fax 503.620.5612 Mailing Address • P.O. Box 23635 • Tigard, OR 97281-3635 www.shopwashingtonsquare.com • A Macerich Company Property • www.macerich.com WASHINGTON SQUARE January 25, 2006 Washington Square Expansion Impact Study Statement associated with the Major Modification of SDR 2003-00012 The SDR Major Modification submitted by the applicant requests the City to delete the conditions requiring dedications along the frontage of Greenburg Road(Access Roads 6 and 7, Square Too)for the purpose of making the overall value of the improvements required by the City proportional to the unmitigated impact of the Washington Square expansion. These dedications to widen the ROW on Greenberg Road to 52' are not on the contiguous property of the expansion at Washington Square, and the value of these dedications result in the overall value of the improvements required by the City more than the defined unmitigated impact of the expansion. The Traffic Impact Study, prepared by Kittelson&Associates, Inc. dated September 2003, determined that the roadways associated with the expansion of Washington Square did not require mitigation improvements and were within acceptable levels of service and safety for the surrounding transportation system. In conclusion,the removal of the aforementioned dedication conditions along the frontage of Greenburg Road are not needed for the current expansion and can be addressed at such time when the adjacent property is redeveloped. • THE MACERICH COMPANY•By - .ck as,n - Development Manager W E M A K E G O O D T H I N G S H A P P E N Washington Square • Square Too 9585 S.W. Washington Square Road • Portland, OR 97223 • Phone 503.639.8865 • Fax 503.620.5612 Mailing Address • P.O. Box 23635 • Tigard, OR 97281-3635 www.shopwashingtonsquare.com • A Macerich Company Property • www.macerich.com PRE-APPLICATION NOTES REGARDING MAJOR MODIFICATION OF SDR 2003-00012 September 15, 2005 Attendees: Sue Ross,City of Tigard, Permit Coordinator Dick Bewersdorff,City of Tigard, Planning Manager Gary Firestone,City Attorney Gregory S. Hathaway,Macerich Attorney,Davis Wright Tremaine Rick Beason, The Macerich Company Overton(Skip) Kuhn,The Macerich Company(by phone) Summary: A pre-application meeting was held at the City with the above attendees to determine the best approach to ensure that the overall value of the improvements required by the City for the expansion of Washington Square are proportional to the unmitigated impacts of the expansion. Earlier discussions between City staff and representatives of Macerich focused on the best manner of determining the actual value of the required dedications on Greenburg Road to ensure that the City's exactions associated with the expansion were not disproportionate to the unmitigated impacts of the project. Based on these earlier discussions,the City staff and applicant agreed that the applicant would retain an appraiser to determine the actual value of the dedications on Greenburg Road. The appraisal conducted by Integra Realty Resources dated February 11,2005 (on behalf of the applicant) demonstrated that the value of the required dedications on Greenburg Road of$731,836,exceeded the City's estimated value of these dedications by$575,386. As a result, the overall value of the improvements required by the City in SDR 2003- 00012 is more than the defined unmitigated impact of the expansion. After a lengthy discussion, all of the attendees concluded that the most appropriate manner of addressing this issue is for the applicant to file a Major Modification of SDR 2003-00012 (Washington Square expansion) by requesting that the condition requiring dedications along the frontage of Greenburg Road (Access Roads 6 and 7,Square Too) be deleted. All of the attendees agreed that this requested modification, if granted,will make the overall value of the improvements required by the City proportional to the PDX 1378653v1 51058-1 1 unmitigated impacts of the project($974,989-$344,231=$630,758). The City staff advised the applicant that the appraisal conducted by Integra Realty Resources was acceptable to the City for supporting a Modification request. The City staff also advised that an application for a Major Modification would be required pursuant to Section 18.360.050 of the City's Community Development Code. The representatives of Macerich indicated that they intended to file a Major Modification request as the means to address the above-stated issue. Dick Bewersdorff City of Tigard Planning Manager PDX 1378653v1 51058-1 2 -"IIINNN r ?Ike: PORTLAND 1 S lem: NHP—PDX-37PCB71 1 User: SCRUMS o Ari / IU �f 0 X j ACCESS ROAD NO. 6 (ACCESS DRIVEWAY) 1°5-/-0o .. o x RETAIL _ ti R .g m BUILDING -I— STA: 105+80.77 ED OFFSET: 52.00 R � !� 106/+00 ki x 1 1.... � RETAIL ,N "'STA: 106+00 Ir BUILDING ,;•' . OFFSET: 42.00 R • 1---J –L._ — d' 4,14 ..1. �' L ♦ 101 �� STA: 107+43.35 PC 0, 1. 1./0 �a OFFSET: 52.00 R �:•/' T.- /rte---, :'' Pc _ r't / `� �q 101),43 3S in earn f ~ �/ �p / ^lir.0 ft4.108 pp S07 . PC Itt / D / ' OFFSET: 42.00 R m .. iti ` f) / STA: 109+11.35 PT / 41i♦ 52' C) W �� / OFFSET: 52.00 R \P�f ° S C %/ �b!. 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HHSIHHHf/ffflHH\f\A1- ____(7-1 l E\K\\\\\\\\\\\\%\\*\\\` \a 4. ` -� -�- N\o\ \ 1—Cl / HfHHHH/W717IIN Z 1 nnnnr 111lm11TM T n _ G H HHf H H H H/HH M '/ HHH � \ _ \\ \\\ ea WWWW \r UHhH, /H sfHHH H // wool c \\\\ \\ \\\\��\\\v '\ \\ i m� rvr/lu�urruurm my Z h \\\ 4 —_� WY§,10,1 (- PHf —1 Ii L i \\ \\\\ \\\\\\\\\\\\\\\\\ fH 'HHfffHffHH , \\\\\4\ \\\\\\\1\\\ \ 1) ///////8 HfHHHHfM \\\\\\\\\ \\\`\\\\\\\\\\\\\ \1 1�/f/Hu"„H//fHH 0. _ --- ��\\`K`_"r\\\'�\\\\\\\\\\\4\\\� -� — - p�� ,\y ._ 1 --1 %� HHHHH/H/H//HNA �L r""�, - mime", - . — z �\\4\\\\\\\\\\\\\\\\\\\\Na 1 QS iiiitire \ 0.' Z. �a,\\\\\\\\\\\\IKA - -- f///H f/H///f/!f//f/!! ` - ='..- a(1(1(/f///f/�1/If V/4 r , - - • \� \\\\\\\\\\\\\\\?.II Ce 1- , ' ` 1—r `---- /[[1[/J/uiiing t!) I Q ■ 1---- % . 1 .. Z %! ', 1 ctait om Li .� L I. , . ��_= • 4 j „ r .� �, i ?il 1 ^l: —� *1inr�ilmJllJllmJl I�I�1� _ ; eJ ' � I 11-‘fT1 ii KrSS'H�M •'1uuuiu-' IH- i 8222222w`224\\\\'2-;ka �1c m C O 1 C 1 Z fi 1 ; / , /4 -�''' ,n1M%\‘‘U..N""\\L\-\."- --„-r��-t-1, . . ®• January 25, 2006 CITY OF TIGARD Rick Beason OREGON c/o The Macerich Company 401 Wilshire Boulevard, Suite #700 Santa Monica, CA 90401 RE: Completeness Review-Washington Square Mall Expansion Modification to Conditions of Approval No. 4C and 11 (Case File No. SDR2005-00009) Dear Mr. Beason: The City received your supplemental application information today for Site Development Review (SDR2005-00009) to modify the City's decision permitting the Washington Square Mall Expansion (File No. SDR2003-00012). Staff has completed a preliminary review of the additional submittal materials and has determined that the application is complete. The formal comment and review process will begin, which typically takes 6 to 8 weeks. It should be noted that staff has not reviewed the application submittal for compliance with the relevant code criteria, and that additional items may arise during the application review which may require further clarification. If you have any questions regarding your application, please don't hesitate to contact me at (503) 639-4171 ext. 2434. Sincerely, pre..„," Gary Pagenstecher Associate Planner C: Gregory Hathaway (Applicant's Representative) SDR2005-00009 Land Use File is\curpin\gary\sdr\sdr2005-00009(washington square exp modification)\sdr2005-00009 complete.doc 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503)684-2772 ADDITIONAL DOCUMENTS II r:. 1 , t., City of Tigard 0\'� Go February 14, 2011 The Macerich Company c/o Richard A. Bayer 401 Wilshire Blvd. Suite 700 Santa Monica,CA 90401-1452 RE: The Macerich Company/SDR2003-0012/ Performance Bond#6316514 Release This letter serves as written acknowledgment that the City of Tigard has no further interest in Subdivision Performance Bond#6316514,in the sum of$130,500.00,between The Macerich Company and Safeco Insurance Company of America and the City of Tigard, Oregon. The subject dedications for which this bond was made are no longer required pursuant to the findings in SDR2005- 00009. If you have any questions regarding this matter,please contact Gary Pagenstecher,Associate Planner,at 503-718-2434. Sincerely, c,....L...4,6 •q...,c,k.._ Gary Pagenstecher Associate Planner is\curpin\masters\bonds_agreerncnts\SDR2003-00012/letter releasing bond money.doc c. SDR2003-00012 Land use file SDR2005-00009 Land use file City Records Department 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov BHT-OF-WAY DEDICATIF PERFORMANCE BOND 6316514 (Bond No. ) KNOW ALL MEN BY THESE PRESENCE, that we The Macerich Company as PRINCIPAL, and Safeco Insurance Company of America , a corporation duly authorized to conduct a general surety business in the State of Oregon, as SURETY, are jointly and severally held bound unto the City of Tigard, Oregon, a municipality of the State of Oregon, hereinafter called OBLIGEE, in the sum of $ 130,500.00 , lawful money of the United States of America, for the payment of which we, as Principal, and as Surety, jointly and severally bind ourselves, our successors, and assigns firmly by these present. THE CONDITIONS OF THIS BOND AND OBLIGATION ARE SUCH, that the Principals are to provide guarantee of dedication of land for right-of-way on Greenburg Road Accesses 4 & 5 and 6 & 7 pursuant to the City of Tigard's approval of Principal's Site Development Review Application for the expansion of Washington Square, Case File No. 2003-0012 and in accordance with site plans dated May 5, 2004, prepared by W & H Pacific and agreed by the Principals and the City of Tigard. NOW, THEREFORE, if the Principal herein shall faithfully and truly observe and provide the aforementioned dedications as required by the City's approval in Case File No. 2003-00012, and comply with all terms and conditions of the approved Right of Way Dedication and perform all matters and actions undertaken to be performed under all ordinances, regulations and conditions of the Obligee applicable to the Right of Way Dedications, then this obligation shall be void, otherwise to remain in full force and effect. In the event that any suit or action be filed by the Obligee hereunder to enforce the aforementioned dedications, or to recover under the terms of this bond, in addition to all other rights and remedies, the City, in the event it shall prevail, shall be entitled to recover such sums as the Court may adjudge reasonable for related attorney's fees. IN WITNESS WHEREOF, the parties hereto have caused this bond to be executed this 11th day of January, 2005. The Macerich Company (Pri ipal) By: (Seal) Seal By: Richard A.Bayer E: "P,tSVE?( �I 'recit.e (Seth A true copy of the Power of Attorney must be .ttached to the o igi_ =,I of thl.,`bond. an P Y NA—Aid— Safeco Insurance Company of America I ` ,LJ& (Surety) I Kristine Mendez," li(Attorn in Fact) 777 S. Figueroa St. (Address) Los Angeles, CA 90017 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On,JAN 1' 1 2005 before me, Natalie K. Trofimoff, Notary Public personally appeared Kristine Mendez ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that NATAUE K. TROFIMOFF he/she/they executed the same in his/her/their e -� Commission# 1410124 authorized ca acit (ies , and that by his/her/their Notary Public- California signature(s) on the instrument the person(s), or the ,4, Los Angeles County �' �� entity upon behalf of which the person(s) acted, _,.`. My Comm.Expires Apr S,2007 executed the instrument. I,NESS my h.nt and of icial Notary Public Seal .? A I SIG''. :cm OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT: TITLE OR TYPE OF DOCUMENT: DOCUMENT DATE: CAPACITY(IES) CLAIMED BY SIGNER(S) Signer's Name: Signer's Name ❑INDIVIDUAL ['INDIVIDUAL ❑CORPORATE OFFICER ❑CORPORATE OFFICER Title(s) Title(s) ❑ PARTNER(S)0 LIMITED ❑ GENERAL ❑ PARTNER(S)D LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ GUARDIAN/CONSERVATOR n OTHER: ❑ OTHER: Signer Is representing: Signer Is representing: NAME OF PERSON(S)OR ENTITY(IES) NAME OF PERSON(S)OR ENTITY(IES) S A F E C O* POWER SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 No. 9085 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint **********JEFFREY STRASSNER;CHRISTINA TURMAN; KRISTINE MENDEZ;CESAR F.JAVIER;ADRIANA VALENZUELA;JORGE A.CORREA;NATALIE K. TROFIMOFF;TENZER V.CUNNINGHAM;Los Angeles,Calif omia************************************************************************************* its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 3rd day of May , 2004 CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto, are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this JAN 1 1 ?11ns day da of �yCf,Cplpy� �tE C00 Gpi"4tlrt'yQ*• �SJF � SEAL s SEAL d�9511 �� ls2% �`NASM �0(yy�� CHRISTINE MEAD,SECRETARY S-0974/SAEF 2/01 ®A registered trademark of SAFECO Corporation 05/04/2004 PDF IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America, General Insurance Company of Americas, First National Insurance Company, American States Insurance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain circumstances, we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond, or any generally applicable rules of law. At this time, there is no premium charge resulting from this Act. F t U.S. Postal Service ., CERTIFIED MAIL, RECEIPT fLl (Do - ided) RJ:: Performance Bond#6316514 Release n waxes, ti SDR2003-00012 and SDR2005-00009 171 ty� m Postage $ ` 4aRp�� rn r-4 r'S(:ertifier+Fee .�/) y� p OO Return Receipt Fee (( (Endorsement Required) O Restricted Delivery Fee v c (Endorsement Required) as. Total Postage&Fees $ S ru senr o The Macerich Company Street,Apt.No.; c/o Richard A. Bayer • N or PO Box No. crry ware,ZIP+4 401 Wilshire Blvd. Suite 700 Santa Monica,CA 90401-1452 F'S Form 3800,Augt . coons SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X ❑Agent • Print your name and address on the reverse --Jvu�, -'f v. - 1' ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, -J or on the front if space permits. h. /�"z D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No The Macerich Company c/o Richard A.Bayer 401 Wilshire Blvd.Suite 700 Santa Monica,CA 90401-1452 3. Service Type lit Certified Mail ❑Express Mail ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Ilaliverv9 IFrtra F of ❑Yes 2. Article (Tram PS Forr